Hull on Estates

This week on Hull on Estates Jonathan Morse and David Smith discuss some big stories that have occurred in the news lately that have potential impact on those who practice estate litigation. They take a look at the death of Michael Jackson and the decision made by the courts in regards to the sentencing of Bernard Madoff. If you have any comments, send us an email at hull.lawyers@gmail.com or leav...

This week on Hull on Estates Bianca La Neve and Natalia Angelini discuss taking evidence before trial . They talk about the procedure for witnesses who may not be available at trial, which involves preserving their evidence beforehand so it is available prior to the trial. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

This week on Hull on Estates Paul Trudelle and Sharon Davis discuss Knowledge Management; what it is and how it can assist lawyers and clients. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

This week on Hull on Estates Megan Connolly and Craig Vander Zee discuss the topic of the estate trustee during litigation (ETDL). Their discussion is based off a paper Paul Trudelle prepared and spoke about at the Hull and Hull breakfast series on June 4, 2009. They look at the circumstances when you would need an ETDL, the procedure for appointing the ETDL and the powers and duties of the ETDL....

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss the recent decision of Re Pearsall. In this decision, Justice Brown offers clarification on the issue of where applications involving estates may be commenced. Paul Trudelle has previously written a post about the decision. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

This week on Hull on Estates, Jonathan Morse and Natalia Angelini discuss trusts; specifically the discuss terminating or varying a trust. They look at an article by Debra Stevens and give their thoughts. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

This week on Hull on Estates, Paul Trudelle and Sarah Hyndman Fitzpatrick discuss various clauses in a will that may be useful in certain circumstances, such as carrying on a business, exclusion of illegitimates, or RESP's. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

This week on Hull on Estates Rick Bickhram and Chris Graham discuss some important distinctions between bringing motions and commencing proceedings in the estates context as opposed to general civil litigation. They look at this in the context of applications, motions and statements of claim. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

This week on Hull on Estates Jonathan Morse interviews Rodney Hull about his career as a lawyer. He discusses how he got started in estate litigation, how Hull and Hull was founded, how the practice of estate litigation has changed and the effect of electronic means of communicating on the practice of law. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on...

This week on Hull on Estates, Ian Hull and Suzana Popvic-Montag discuss the question of retainers. This topic comes from a seminar at the Law Society of Upper Canada where they had several practitioners in different areas come and talk about their retainers. The question of retainers is a broad question that affects all practices in a similar way. Specifically Ian and Suzana discuss the unique cha...

This week on Hull on Estates, Rick Bickhram and Sarah Fitzpatrick discuss Henson trusts (also called absolute discretionary trusts). They consider the use of such trusts to benefit disabled persons, and how best to protect the assets (typically an inheritance) as well as the right to collect government benefits and assistance." Feel free to send us an email at hull.lawyers@gmail.com or leave us a...

This week on Hull on Estates, Diane Vieira and Bianca La Neve discuss the role of the Office of the Public Guardian Trustee (PGT) in passings of accounts. They talk about the role of this government body whose job it is to protect the interests of incapable persons, charities and absentees. They discuss the things to keep in mind when serving the PGT and common issues seen on passings of accounts....

This week on Hull on Estates, Megan Connolly and Paul Trudelle discuss administration bonds; what they are, when they are required, why they are required and dispensing with the administration bond in certain cases. In Particular they refer to the Henderson decision, a recent decision out of the Ontario Superior Court of Justice that deals with the issue of dispensing with an administration bond a...

This week on Hull on Estates, Jonathan Morse and Sarah Fitzpatrick present and mock client situation in which they discuss the estate needs and will needs for someone with a dependant. They describe the process of finding new clients and go on to describe the process of fulfilling these needs for the client. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull...

This week on Hull on Estates Diane Vieira and Bianca La Neve discuss some issues they've been encountering concerning court proceeding involving the Substitute Decisions Act and the Health Care Consent Act. They talk about the need for a capacity assessment and who you go to for a capacity assessment, the issue of notice periods and the right of an incapable person in proceedings under the Substit...

This week on Hull on Estates Ian Hull and Suzana Popovic-Montag discuss the legal and substantive role of the executor at the time of death. They focus on the question of who has right and control over the body and refer to the 2001 decision of Sopinka vs. Sopinka. Feel free to send us an email at hull.laywers@gmail.com or leave us a comment on the Hull on Estates blog.

This week on Hull on Estates Diane Vieira and Natalia Angelini discuss powers of attorney for personal care. They refer to a paper by Mark Handelman on the subject. They point out that even though powers of attorney often garners less attention and is the subject of less disputes that it should still be carefully thought out. Feel free to send us an email at hull.laywers@gmail.com or leave us a co...

This week on Hull on Estates Rick Bickhram and Paul Trudelle discuss the amendments to the rules of civil procedure that have be set out by the government and come into effect on January 1, 2010. The purpose of these amendments is to provide the civil justice system with a means of being more affordable and accessible. Feel free to send us an email at hull.laywers@gmail.com or leave us a comment o...

This week on Hull on Estates, Craig Vander Zee and Bianca La Neve discuss protection for a trustee against personal liability. There are variety of ways that protection is afforded to a trustee against liability, such as exculpatory clauses in trust documents, various provisions of the Trustee Act, passing of accounts, and releases by beneficiaries and/or third parties. Feel free to send us an ema...

This week on Hull on Estates Ian Hull and Suzana Popovic-Montag discuss insolvency issues and banking issues when dealing with estates now that we are in a more uncertain economy. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

<!-- /* Font Definitions */ @font-face {font-family:"Cambria Math"; panose-1:2 4 5 3 5 4 6 3 2 4; mso-font-charset:0; mso-generic-font-family:roman; mso-font-pitch:variable; mso-font-signature:-1610611985 1107304683 0 0 159 0;} @font-face {font-family:Calibri; panose-1:2 15 5 2 2 2 4 3 2 4; mso-font-charset:0; mso-generic-font-family:swiss; mso-font-pitch:variable; mso-font-signature:...

This week on Hull on Estates David Smith and Sarah Hyndman Fitzpatrick talk about estate planning in uncertain economic times. They discuss how the current economic situation has impacted estate planning and litigation and new tools (such as the "Tax Free Savings Account") to consider in creating your estate plan. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the...

This week on Hull and Estates Jonathan Morse and Christopher Graham discuss the topic of guardianship and particularly the compensation that would be paid to the guardians of property. They look at legislation, case law and practice notes for guardians and practitioners to keep in mind. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog

This week on Hull on Estates Natalia Angelini and Craig Vander Zee discuss the frivoulous will challenge from the perspective of how you might short-circuit it. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

This week on Hull on Estates Ian Hull and Suzana Popovic-Montag look at the decision of Frye vs. Frye, a case that was released in September 2008. It is an important case from a litigation standpoint as well as a state planning standpoint. Their discussion deals with the analysis of what will happen to the family business. Feel free to send us an email at hull.laywers@gmail.com or leave us a comme...