Hull on Estates

This week on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss Marcia Green's paper, entitled "Dealing with Personal Property: The Pesky and the Practical", which was presented at the Law Society of Upper Canada's The Six-Minute Estates Lawyer conference on May 3, 2016.

This week on Hull on Estates, Paul Trudelle and Lisa Haseley discuss Sidney Peters and Citlally Maciel's paper, "Reclaiming Autonomy: Practical Considerations when Client's resume Capacity", which was presented at The Six-Minute Estates Lawyer OBA conference on May 3, 2016.

This week on Hull on Estates, Natalia Angelini and Doreen So discuss Deborah Petch's paper, "Safe Practices: Reducing the 'Risky Business' Factor", which was presented at The Six-Minute Estates Lawyer OBA conference on May 3, 2016".

This week on Hull on Estates, Paul Trudelle and Stuart Clark discuss contemporaneous capacity assessments. For a link to the paper by Dr. Kenneth Shulman discussed in the podcast, please click here http://bit.ly/1TgJCnl.

This week on Hull on Estates, Noah Weisberg and David Morgan Smith provide a general discussion on insurance policies in the context of estate litigation.

This week on Hull on Estates, Jonathon Kappy and Umair Abdul Qadir discuss the Court of Appeal’s recent comments on independent legal advice in Donis v Georgopoulos, 2016 ONCA 194 (http://bit.ly/1qLCSqL), where an inter vivos transfer was challenged on the basis of undue influence. Read more about the Court’s decision on our blog. (http://bit.ly/1RYCGi3)

This week on Hull on Estates, Natalia Angelini and Lisa Haseley discuss estate planning techniques for reducing probate fees and the pitfalls.

This week on Hull on Estates, Paul Trudelle and Nick Esterbauer discuss recent developments in the prohibition against physician-assisted death, including the exemption granted by the Ontario Superior Court of Justice last month in A.B. v. Canada (Attorney General). (http://bit.ly/1RILY06)

This week on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the duties trustees owe to beneficiaries as it relates to the rule in Saunders v Vautier.

This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss the Court of Appeal’s recent decision of Neuberger v. York, 2016 ONCA 191, and the inquisitorial role of the court in the context of a will challenge, and the applicability of the doctrines of estoppel by convention and estoppel by representation in a will challenge.

This week on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss the Court of Appeal’s recent ruling in Spence v BMO Trust Company, 2016 ONCA 196 (http://bit.ly/1RJfrnR). The Court of Appeal overturned the controversial decision of the Superior Court of Justice, where the Court had set aside the deceased’s Will because it was contrary to public policy based on extrinsic evidence. Read...

This week on Hull on Estates, Paul Trudelle and Doreen So discuss how a bequest to a witness may be void and who should not be a witness to the execution of a Power of Attorney.

This week on Hull on Estates, David Morgan Smith and Lisa Haseley discuss public policy and the recent Ontario Superior Court decision of Royal Trust Corporation of Canada v. The University of Western Ontario et al. http://bit.ly/1R83FTR

This week on Hull on Estates, Noah Weisberg and Nick Esterbauer discuss a recent decision of the Tax Court of Canada that addresses the use of property transferred to spouses to satisfy tax liabilities pursuant to the Income Tax Act. A copy of the Kuchta v. The Queen decision is available here: http://bit.ly/1QcncGi

This week on Hull on Estates, Natalia Angelini and Doreen So discuss a recent dependant support ruling in Bormans v Estate of Bormans and the treatment of insurance proceeds pursuant to section 72 of the Succession Law Reform Act.

This week on Hull on Estates, Paul Trudelle and Stuart Clark discuss the recent decision of Re: Estate of Richard Lewis Crane, 2016 ONSC 291, and the issue of whether mortgage insurance should be taken into account when calculating the “net estate” available for distribution on an intestacy

This week on Hull on Estates, David Morgan Smith and Noah Weisberg discuss the responsibility for joint debt upon death of one of the debtors.

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the Law Commission of Ontario’s interim report on Legal Capacity, Decision-Making and Guardianship. A copy of the report is available here: http://bit.ly/1PthwTI

This week on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss the new Rule 75.2 of the Rules of Civil Procedure. Rule 75.2 provides the Court with the authority to order a mediation in certain estate litigation matters even when mandatory mediation under Rule 75.1 does not apply, and came into force on January 1, 2016.

This week on Hull on Estates, Paul Trudelle and Lisa Haseley discuss irrevocable gifts and the recent Ontario Court of Appeal decision of Abdollahpour v. Banifatemi - http://bit.ly/1Pf9yOa

Today on Hull on Estates, Paul Trudelle and Doreen So discuss a selection of the Top Estate, Trust and Capacity Cases of 2015: A Year in Review

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the development of fiduciary relationships and the recent Ontario Superior Court of Justice decision of McKay Estate v. McKay. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog. Click here for more information on Jonathon Kappy. Click here for more information on Nick E...

This week on Hull on Estates, Paul Trudelle and Noah Weisberg discuss the recent Ontario Superior Court of Justice decision of Keller v. Wilson, 2015 ONSC 6962, pertaining to applications for directions by Attorneys and passing of Attorney accounts pursuant to the Substitute Decisions Act.

This week on Hull on Estates, Natalia Angelini and Lisa Haseley discuss drafting and litigating no-contest clauses in Wills.

This week on Hull on Estate Jonathon Kappy and Lisa Haseley discuss the differences and implications of proving a will in common form and solemn form. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.