Hull on Estates

This week on Hull on Estates David Morgan Smith and Doreen So discuss the Law Commission of Ontario’s Final Report on Simplified Procedures for Small Estates, which is also available online at http://www.lco-cdo.org/en/small-estates-final-report.

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss security bonds within the context of estate administration and guardianship of property, as well as certain situations in which security is typically required and applicants may request to dispense with the requirement to provide security

This week on Hull on Estate Jonathan Kappy and Lisa Haseley discuss Jenny Pho, Dale & Lessmann LLP’s paper Illiquid Estates and Other Solvency Issues presented at Probate Essentials 2015, pertaining to issues faced by an Estate Trustee when administering an illiquid or insolvent estate. Click here for more information on Jonathan Kappy.

This week on Hull on Estates Noah Weisberg and Natalia Angelini discuss P. Ann Lalonde’s contribution to the Key Developments in Estates and Trusts Law in Ontario (chapter 12), pertaining to variations of trusts and the steps and considerations involved in proceeding.

This week on Hull on Estates, Paul Trudelle and Doreen So discuss purchase money resulting trusts and the Supreme Court of Canada Rascal decision.

This week on Hull on Estates, David Smith and Nick Esterbauer discuss avenues of support for common law spouses, including claims for survivor’s pensions and the related legislation and case law in Ontario.

This week on Hull on Estates, Paul Trudelle and Josh Eisen discuss a private member’s bill that was recently voted down. Before its demise, Bill 120 had proposed a number of interesting changes to probate fees in Ontario, including a maximum fee and deductions for charitable bequests.

This week on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent British Columbia Court of Appeal decision in Bentley v. Maplewood Seniors Care Society, which amongst other things, stresses the importance that persons who wish to make provision for their care and decision-making in their declining years to obtain legal advice.

This week on Hull on Estates, Natalia Angelini and Doreen So discuss the story of Maria Mitousis, workplace safety for lawyers and special safety planning considerations for clients during mediations and throughout litigation.

This week on Hull on Estates, Paul Trudelle and Nick Esterbauer discuss artwork and the special considerations that should not be overlooked when it comes to estate planning or administration involving this unique investment asset.

This week on Hull on Estates, David Smith and Josh Eisen discuss an innovative way to protect a testator from undue influence, proposed by author John E. S. Poyser in his new book, Capacity and Undue Influence. Should you have any questions please email us at webmaster@hullandhull.com or leave a comment. Click here for more information on David Smith. Click here for more information on Josh Eisen.

This week on Hull on Estates, Jonathon Kappy and Doreen So discuss a Court of Appeal case related to bankruptcy and its overlapping concepts related to estate planning. 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 Doreen So.

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss a recent paper by Wendy Griesdorf, which highlights the differences between delirium and dementia, and the relevance of this distinction within the context of estate and guardianship proceedings. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog. Click here for more...

Today on Hull on Estates, Paul Trudelle and Umair Abdul Qadir discuss the Ontario Superior Court of Justice’s recent decision in Nguyen v Pham, 2015 ONSC 4548, where the two litigants sought orders removing each other as the estate trustee of the deceased’s estate. You can read more about this decision in David Freedman’s recent blog post.

Today on Hull on Estates, Noah Weisberg and David Morgan Smith discuss the recent English Court of Appeal decision of Ilott and Mitson which considers both estrangement and testamentary wishes in the context of dependant support and its application under Part V of the (Ontario) Succession Law Reform Act.

Today on Hull on Estates, Moira Visoiu and Doreen So discuss estate law issues that may arise through the use of artificial reproductive technologies and Ian Hull’s paper, “Fertility Law in the Context of Estates. Congratulations again to Sara Cohen for being recognized as one of the Top 25 Most Influential by Canadian Lawyer in respect of her work in Canadian fertility law.

Today on Hull on Estates, Paul Trudelle and Josh Eisen look at the concept of the lucid interval in the context of testamentary capacity and examine recent research that raises some doubts about whether a person can temporarily regain capacity after he/she has been impaired. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog.

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss estate distributions on mistakes of fact and case law that recognizes the obligation of beneficiaries to repay distributions to an estate to cover unanticipated tax liabilities. Episode resource: CIBC Trust v. Bayly Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog....

Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent Regulations amending the Rules of Civil Procedure including amendments to mediation and updated court forms. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog.

Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent Regulations amending the Rules of Civil Procedure including amendments to the authentication and confirmation of estate trustees, and passing of accounts.

Today on Hull on Estates, David M. Smith and Stuart Clark discuss the definition of “spouse” within the meaning of Part V of the Succession Law Reform Act, and the factors that the court will look to in determining whether two parties are common law spouses within the meaning of the Act, with particular attention paid to whether two parties must live under the same roof to be considered common law...

Today on Hull on Estates, Jonathon Kappy and Doreen So discuss The Advocates Society’s Best Practices for Civil Trials and the resources on our new Hull & Hull website. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog.

Today on Hull on Estates, Paul Trudelle and Noah Weisberg discuss the recent Ontario Court of Appeal decision of Mroz v. Mroz, departing from the decision by the Superior Court of Justice, with respect to the application of Pecore in transfers of real property between a parent and their adult child.

This week on Hull on Estates, David M. Smith and Stuart Clark discuss the recent Macleans cover story “The Inheritance Wars”, and the general trends in estate litigation.

This week on Hull on Estates, Jonathon Kappy and Andrea Buncic discuss the recent decision of Moore v. Gatahun, 2015 ONCA 55, and counsels' permissible communications with expert witnesses and disclosure obligations of prior draft expert reports. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.