Hull on Estates

This week on Hull on Estates, Sydney Osmar and Mark Lahn discuss highlights from the Ontario Bar Association's Elder Law Day 2024. Topics include collaborative law in estate litigation, caselaw updates, accommodating elderly clients, and the recent implementation of Bill 200, which impacts the registration of Notices of Security Interest. Referenced Blog: The Homeowner Protection Act, 2024: The Ex...

This week on Hull on Estates, Doreen So and Margarita Grup review the key developments and modernization initiatives that were outlined in the 2019-2023 report from the Ontario Superior Court of Justice, including future initiatives for further digitalization of our system in an effort to improve access to justice.

This week on Hull on Estates, Stuart Clark and Doug Higgins review the powers and duties of attorneys for property and estate trustees with respect to dependant support obligations. Stuart and Doug discuss the different requirements of various Ontario legislation, including the Substitute Decisions Act, the Family Law Act and the Succession Law Reform Act, and the implications for decision-makers.

This week on Hull on Estates, Natalia Angelini and Aaron Chan discuss a lawyer's responsibility to their clients in estate planning by examining the case of Black-Donaldson et al. v. The Estate of Helen Small, 2024 MBKB 56.

This week on the Hull on Estates Podcast, with Jonathon Kappy and Diana McBey discuss pets and estate administration. We discuss Carvalho v Verma, read more about the case here.

This Week on Hull on Estates, Nick Esterbauer and Darien Murray discuss costs consequences in estate litigation. They consider the modern approach to costs and review a recent example of its application in the Ontario Court of Appeal's decision in Westover Estate v Jolicouer, 2024 ONCA 81. https://www.canlii.org/en/on/onca/doc/2024/2024onca81/2024onca81.html?autocompleteStr=Westover%20Estate%20v.%...

This week on Hull on Estates, Doreen So and Kiran Sanghera discuss Will Challenges and the case of Roe v Roe. Links: Insane Delusion https://hullandhull.com/Knowledge/2017/03/insane-delusions/ Banton v. Banton, 1998 CanLII 14926 (ON SC) https://www.canlii.org/en/on/onsc/doc/1998/1998canlii14926/1998canlii14926.html?autocompleteStr=banton%20&autocompletePos=1 Tate v. Gueguegirre https://www.canlii....

On this week's episode of Hull on Estates, Stuart Clark and James Macfarlane have a follow-up discussion on Stuart's recent blog post about Estate Freezes and Net Family Property Equalization. Cases discussed: Stone v. Stone, 2001 CanLII 24110 (ON CA) Reisman v. Reisman, 2014 ONCA 109 (CanLII)

This week on Hull on Estates, Natalia Angelini and Haley Daniel discuss the retraction of renunciation of appointment as estate trustee. They analyze two recent court decisions Hunt v Hunt and Soo Estate and how this may impact the ability to retract a renunciation. Links: Blog: https://hullandhull.com/Knowledge/2024/02/retracting-a-renunciation/ Hunt v Hunt: https://www.canlii.org/en/sk/skkb/doc/...

This week on the podcast Jonathon Kappy and Geoffrey Sculthorpe discuss the The Absentees Act and how it impacts the case for Grover v Vaid, 2023 ONSC 5931. Research Links: Case: https://www.canlii.org/en/on/onsc/doc/2023/2023onsc5931/2023onsc5931.html?autocompleteStr=Grover%20v.%20Vaid&autocompletePos=1&resultId=307d90cd9b04431ba1650ba2ad30b978&searchId=048cb512baac4e59957030ef8f58b441 Absentees...

This week on Hull on Estates, Nick Esterbauer and Doug Higgins review the decision of the Ontario Superior Court of Justice in McGoey (Re), 2019 ONSC 80. Through this unique case and its interesting evidentiary issue, Nick and Doug discuss the concept of a "sham" trust, and the principles applied by Ontario courts in evaluating a purported settlor's intention to settle a valid trust. McGoey (Re),...

This week on the podcast, Natalia Angelini and Diana McBey discuss a case from British Columbia, Bautista v Gutkowski Estate, 2023 BCSC 1485. In a pivotal decision, the BC Court of Appeal varied a will in favor of an estranged son, recognizing the testator's moral obligation. The case of Bautista v Gutkowski Estate reiterates the significance of moral duties in estate planning, especially towards...

This week on Hull on Estates, Stuart Clark and Aaron Chan discuss a child's obligation to support their parents under s. 32 of the Family Law Act. Links to the cases that were talked about are: L.F.D. v. X. https://www.canlii.org/en/on/oncj/doc/2016/2016oncj878/2016oncj878.html Stravino v. Buttinelli https://www.canlii.org/en/on/onsc/doc/2018/2018onsc1041/2018onsc1041.html Godwin v. Bolsco https:/...

In today's podcast, Natalia Angelini and Sydney Osmar discuss the recent news cycle involving an 80 year old billionaire who is apparently in the midst of a succession plan which includes adopting his 51 year old gardener. Natalia and Sydney discuss their love of Hermes and what the legal test and implications of adult adoption look like in Ontario. Contact Us: info@hullandhull.com

This week on Hull on Estates, Jonathon Kappy and Margarita Grup​​, discuss two cases dealing with the appointments of Estate Trustees during litigation with two different outcomes. We explore the topic of when and where it is appropriate to appoint an ETDL and some of the consequences that could occur during the process. Mayer v Rubin, 2017 ONSC 3498 https://www.canlii.org/en/on/onsc/doc/2017/2017...

This week on Hull on Estates, Nick Esterbauer and Zahra Attir follow up to their podcast on Estate Administration Bonds to discuss the nature of guardianship bonds and the circumstances under which those applying to become guardians of property of an incapable adult in Ontario may be required to post a bond. Conversely, they discuss circumstances under which posting such a bond may not be required...

This week on Hull on Estates, Doreen So and Darien Murray discuss Justice Charney's decision in Jackson v Rosenberg which provides a great summary of the basic property law concepts that are at the core of much litigation. This case also provides a warning of the downside of a very popular estate planning technique.

This week on Hull on Estates, Stuart Clark and James Macfarlane discuss the recent decision of Justice Myers in Giann v Giannopoulos, 2023 ONSC 5412, in which His Honour addresses the application of the law of minimum evidentiary threshold in will challenge litigation.

This week on Hull on Estates, Natalia Angelini and Mark Lahn discuss the recent motion in Marcy v. Marcy. This motion dealt with the appropriate use of cautions in estates matters and the implications of section 9 of the Estates Administration Act.

This week on Hull on Estates, Jonathon Kappy and Daniel Boucher, provide a refresher on multiple wills, how they can be used, and how they can backfire. Follow us on social media: LinkedIn Facebook Twitter Instagram If you have any questions about an Estate matter, contact us at info@hullandhull.com.

This week on Hull on Estates, Nick Esterbauer and Zahra Attir discuss the circumstances under which applicants applying for various Certificates of Appointment of Estate Trustees are required to post estate administration bonds. Conversely, they discuss circumstances under which posting such bonds may not be required. Follow us on social media: LinkedIn Facebook Twitter Instagram If you have any q...

In today's episode, Doreen So and Diana McBey discuss Gilbert v. Girouard, 2023 ONSC 4445, and how the Court may, in the right circumstances, protect a Deceased's medical privacy from those wishing to challenge their Will. Follow us on social media: LinkedIn Facebook Twitter Instagram If you have any questions about an Estate matter, contact us at info@hullandhull.com.

This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the concept of insulating claims that may otherwise be statute-barred if brought within a passing of accounts with reference to the decisions of Schutz Estate (Re) 2023 ONSC 3959 and Wall v. Shaw 2018 ONCA 929. Follow us on social media: LinkedIn Facebook Twitter Instagram If you have any questions about an Estate matter, contact us...

Natalia Angelini and Sydney Osmar review recent decisions out of the Superior Court of Justice regarding the application and interpretation of new substantial compliance legislation, section 21.1(1) of the Succession Law Reform Act. Succession law reform act: https://www.canlii.org/en/on/laws/stat/rso-1990-c-s26/latest/rso-1990-c-s26.html Vojska v Ostrowaki, 2023 ONSC 3894 https://www.canlii.org/e...

This week on Hull on Estates, Jonathon Kappy and Margarita Grup​​, discuss the case surrounding Aretha Franklin's will and the impact a jury trial has on a will challenge. They discuss the importance of properly planning and communicating one's wishes to avoid confusion and disputes among beneficiaries. Follow us on social media: LinkedIn Facebook Twitter Instagram If you have any questions about...