Hull on Estates

This week on Hull on Estates, Jonathon Kappy and Ashley Naipaul discuss Ford v Mazman Estate, 2019 ONSC 542, where the court exercises its discretion to "pass over" a named estate trustee in a will.

This week on Hull on Estates, Doreen So and Mohena Singh discuss the Court of Appeal case of Walters v Walters, 2022 ONCA 38, where the court explains when they can substitute a trustees' absolute discretion in distributing funds from a discretionary trust.

This week on Hull on Estates, Paul Trudelle and Artur Adamian discuss Vilenski v. Weinrib-Wolfman, 2022 ONSC 2116, a case that considers whether pour-over clauses should be valid in Ontario.

This week on Hull on Estates, Stuart Clark and Nicole Cianci discuss the recent Ontario Court of Appeal decision, Barsoski Estate v. Wesley, 2022 ONCA 399, which comments on the difference between a license versus a life interest and rules that there is no presumption favoring a license over a life interest when the intended beneficiary is a friend, as the prevailing approach to will interpretatio...

This week on Hull on Estates, Natalia Angelini and Endrita Isaj discuss the case of Winkler v Thompson and consider important issues such as when the obligation to keep accounts arises and the importance of good record-keeping when acting in a fiduciary role.

This week on Hull on Estates, Nick Esterbauer and Tsvetomira Niklin discuss electronic wills in the context of the Quebec Court of Appeal's decision in Damary c Bitton, 2022 QCCA 349, and review differences in inter-provincial legislation in relation to the acceptance and/or potential for validation of digital testamentary documents.

This week on Hull on Estates, Doreen So and Mohena Singh discuss Nanchin v Peller, 2022 ONSC 1760, a case that considers whether a common-law spouse is entitled to interim support from the estate and the procedural implications of bringing such a motion.

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag return for part 2 of their conversation with Jordan Atin, Co-founder and CEO of eState Planner. The three of them continue discussing the planning steps to consider when using eState Planner and some of the document generation options available with the program. Should you have any questions, please email us at info@hullandhull.com....

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag are joined by Jordan Atin, Co-founder and CEO of eState Planner. In part 1 of this 2-part series, the three of them discuss the importance of data collection, the planning side, document generation, and the benefits of planning estates with eState Planner. Should you have any questions, please email us at info@hullandhull.com. To lea...

This week on Hull on Estates, Jonathon Kappy and Ashley Naipaul discuss Mak (Estate) v. Mak, 2021 ONSC 4415 with a focus on how a beneficiary designation of an RRIF is properly characterized relative to an estate, and whether the presumption of resulting trust can apply to this designation.

Today, Stuart Clark and Fred Tonelli discuss charities law in the wider context of trusts law, including the "three certainties" of a trust, the four defined "charitable purposes" under statute, and a 2007 Supreme Court of Canada decision about the charitable status of a youth soccer club.

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag are joined by Jenna Carvalho, founder of Guardian Estate Company. The three of them discuss the unique services that Guardian Estate Company provides in pursuit of their mission to simplify estate planning discussions and solutions.

On today's podcast, Paul Trudelle and Endrita Isaj discuss the recent case of Smith v Smith, 2022 ONSC 63, where the court provides commentary on the vesting of property and under what circumstances property vests in beneficiaries under a will.

This week on Hull on Estates, Natalia Angelini and Mohena Singh discuss the recent Nova Scotia case, Estate of Fitzgerald v Fitzgerald, 2021 NSSC, which comments on the presumption of resulting trust and beneficiary designations. The history of this issue is briefly explored and Natalia and Mohena comment on what this means for individuals planning their estates moving forward.

In today's podcast, Doreen So and Tori Joseph discuss the costs decision in Rudin-Brown et al v. Brown, and whether this decision was fair and proportionate in light of the evidence.

This week, Jonathon Kappy and Fred Tonelli discuss the recent Teefy decision (Teefy Developments (Bathurst Glen) Limited v. Sun, 2021 ONCA 870 (CanLII)), which included a comment from Justice Nordheimer about the proper method of commissioning an Affidavit of a deponent who does not understand the language in which it is written. Jonathon and Fred go on to further discuss how a lawyer should condu...

This week, Paul Trudelle and Sanaya Mistry discuss the different roles of the Office of the Public Guardian and Trustee and how they can help. For more information, please read Natalia Angelini's blog.

This week, Stuart Clark and Sydney Osmar discuss Kinnear v Kinnear, 2021 ONSC 6539, a recent decision out of the Superior Court of Justice where the Court refused to order the production of the Applicant's medical records in the context of a Will Challenge. Listen here to learn more.

This week on Hull on Estates, Natalia Angelini and Diana Betlej discuss Grant Thornton LLP v. New Brunswick, 2021 SCC 31 (CanLII), and applying the new standard for limitation periods.

This week on Hull on Estates, Doreen So discuss and Fred Tonelli the recent decision of WORSOFF v. MTCC 1168, 2021 ONSC 6493 (CanLII) and its implications regarding the future of in-person litigation, in light of the legal profession's growing comfortability with remote work, as well as the positive effects remote litigation has had for the more effective administration of justice.

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the decision of Ryan v Ryan, 2021 NLSC 119, in which the basic principles behind unjust enrichment were applied to impress corporate shares with a constructive trust.

On today's podcast, Paul Trudelle and Juanita Valencia discuss the issue of when a person receiving funds becomes a trustee, as analyzed in Green Light Solutions Corp. v Baker 2021 BCCA 287.

On today's podcast, Stuart Clark and Rebecca Rauws discuss the limited grant under s. 29(3) of the Estates Act as a tool to consider when probate may be delayed, but there is an urgent need to deal with an estate asset. For more information, please check out Stuart's recent blog on this topic here.

In today's podcast, Natalia Angelini and Arielle Di Iulio discuss the recent decision of Bishop Estate v Sheardown, 2021 BCSC 1571 which involves the Court's discretion to validate an unexecuted Will under s.58 of British Columbia's Wills, Estates and Succession Act, S.B.C. 2009, c. 13. For more information on this topic, you can also check out Sanaya Mistry's recent blog.

In today's podcast, Doreen So and Sanaya Mistry discuss the recent decision in Rudin-Brown et al. v. Brown and Brown v. Rudin-Brown et al., 2021 ONSC 336, which examines the admissibility of audio recordings and how they may be used as evidence.