Hull on Estates

Craig and Bianca discuss demand promissory notes and the recent decision of Hare v. Hare [2007] 83. O.R. (3d) 766. The Hare decision specifically deals with the limitation periods applicable to the enforcement of a demand promissory note. Craig and Bianca also discuss demand promissory notes in the estate context, and the considerations parents should take into account when making demand loans to...

Justin and Megan discuss estate planning issues surrounding the family cottage. They cover specific practice tips of transferring the family cottage and the consequences of poor planning.

During Hull on Estates Podcast #66, Ian Hull spoke about a conference he attended and spoke at, Podcasters Across Borders, and also discussed joint accounts, focusing on the resources found at jointasset.com, concerning joint accounts and their role in estate litigation.

During Hull on Estates Episode #65, Sean Graham and Paul Trudelle discuss some of the practice and legal issues that arise regarding interim support in dependant support claims. Section 64 of the Succession Law Reform Act is referenced, as is the Puliver case and the Manninon case.

During Hull on Estates Episode #64, David Smith and Natalia Angelini discuss holograph wills generally with specific consideration of the Atherton Estate, Re, 2006 CanLII 30580 (ON S.C.)

During Hull on Estates Podcast #63, Craig Vander Zee and Bianca La Neve discussed various discretionary measures available to a court when making contempt orders. Rule 60 of the Rules of Civil Procedure was referenced, as well as the decision in Belanger v. McGrade Estate (2003), 65 O.R. (3d) 829 (Ont. S.C.J.).

During Hull on Estates Episode #62, Justin de Vries and Megan Connolly discuss the McDougald Estate c. Gooderham case decision of the Ontario Court of Appeal. They discuss what happens when attorneys for property sell assets that have been specifically gifted in a will. What can a beneficiary do?

During Hull on Estates Episode #61, Ian Hull and Suzana Popovic-Montag discussed the solicitor and client privilege and the difference between this concept and the duty of confidentiality in the context of estate law and estate litigation.

During Hull on Estates Episode #61, Sean Graham and Paul Trudelle discuss mutual wills and mirror wills. They discuss examples where a mutual will and a binding agreement would be used, such as second marriages. They also cover the importance of documentation of intent and discuss potential drawbacks of the mutual will. For more information on this topic, see the article by Debra L. Stephens, "Mut...

During Hull on Estates Episode #59, David Smith and Jason Allan discuss two recent decisions of the Supreme Court of Canada, Pecore v. Pecore, 2007 SCC 17, and Madsen Estate v. Saylor 2007 SCC 18. These two decisions concern joint bank accounts and the decision of right of survivorship, as well as the question of presumptions resulting trust and advancement.

During Hull on Estates Podcast #58, Craig Vander Zee and Bianca La Neve discuss the use and basis for a contempt motion and referred to the Court of Appeal's confirmation in Forrest v. Lacroix Estate (2000), 187 D.L.R. (4th) 280, (Ont. C.A.) and Forrest v. Lacroix (1999), 460 O.R. (3d) 364 that contempt motions cannot be used to enforce the payment of monies. Craig and Bianca also refer to Rule 60...

During Hull on Estates Episode #57, Justin de Vries and Megan Connolly discuss an ongoing client matter which has come out of the Netherlands. This matter raises issues of conflict of laws, the Divorce Act, the Succession Law Reform Act, R.S.O. 1990, c. S.26, and dependant support claims. For more information on the conflict of laws, as it relates to this case, please see: McCallum v. Ryan Estate,...

During Hull on Estates Episode #56, Ian Hull and Suzana Popovic-Montag review the updates on the Hull & Hull LLP website and discuss the available resources such as Hull & Hull TV (streaming videos), the Probator articles, and of course links to the blogpage/podcasts. Ian discusses a book he has recently read, Getting Things Done by David Allen. Ian heard about this book on the Marketing Monger po...

During Hull on Estates Episode #55, Sean Graham and Paul Trudelle discuss joint and several liability of trustees with respect to the administration of an estate. They focus on avoiding liability when there are two or more estate trustees. Paul and Sean examine this estate topic with respect to the case of Fales v. Canada Permanent Trust Co. and Cooper (No. 2) Re.

During Hull on Estates Podcast #55, David Smith, Partner at Hull & Hull LLP, discusses his upcoming Probator article (check the Hull & Hull website soon) which concerns making a Will in contemplation of marriage. David discusses the circumstances that surround the clauses in Section 16 of the Succession Law Reform Act and how this issue can cause estate litigation.

During Hull on Estates Episode #53, Craig Vander Zee and Bianca La Neve conclude their discussion on tips for controlling and managing estate litigation. They focus on the hearing of issues, applications vs. actions, oral discovery and mediation. Visit http://estatelaw.hullandhull.com to find more podcasts on managing estate litigation.

During Hull on Estates Episode #52, Justin de Vries and Megan Connolly discuss the central question in the case of a father and his children, McMullen v. McMullen: did the defendants improperly use their power of attorney when they transferred legal title to Mr. McMullen's, their father, condominium from his sole ownership to joint ownership? Justin and Megan summarize the case and cover issues su...

During Hull on Estates Episode #51, Ian Hull and Suzana Popovic-Montag discuss the circumstances surrounding a trustee's power to encroach on capital. Ian and Suzana cover various principles which affect the power to encroach including the Armchair rule of construction, the Evenhand approach and the concept of malefides. They also touch on various cases including the U.K. case of Gisbourne v. Gisb...

During Hull on Estates Episode #50, Sean Graham and Paul Trudelle discuss the rectification of an erroneous Will. Sean and Paul also cover the importance of detailed documentation such as Solicitor's notes and prior Wills, as well as Intestacy and Knowledge and Approval of the Will.

In episode #49, David and Jason discuss issues concerning the estate trustee during litigation (ETDL). They consider the circumstances that call for an ETDL, the technical procedure for appointing the ETDL and the powers and duties of the ETDL. For more information on this topic, see the case of Salisbury v. Dell (1993 Ont. Gen Div) and Jordan Atin's artice, The Estate Trustee During Litigation, i...

During Hull on Estates Episode #48, Craig Vander Zee and Bianca La Neve continue their discussion on tips for controlling and managing estate litigation, focusing on orders giving directions, oral discovery and mediation. Visit http://estatelaw.hullandhull.com to find more podcasts on managing estate litigation.

During Hull on Estates Podcast #47, Justin de Vries and Megan Connolly focus on the case of Rose v. Rose wherein a family breakdown and a transfer of assets into a irrevocable trust leads to litigation.

During Hull on Estates Podcast #46, Ian and Suzana discuss the concept of causation and how it relates to estate matters. Referring to the texts of Jackson and Powell on Professional Negligence and Black's Law Dictionary, negligence claims, the standard and duty of care and the question of onus are considered. The cases of Haag v. Marshall in the British Columbia Court of Appeal, Sykes v. Midland...

During Hull on Estates Episode #45, Sean Graham and Paul Trudelle discuss the use of contempt procedures in estate matters. They reviewed Rule 60.11 of the Rules of Civil Procedure and focused on the failure of Estate Trustees to produce accounts and the resort to the contempt mechanisms in order to compel their production.

During Hull on Estates Episode #44, Jason Allan and David Smith discuss the duties and obligations of trustees with specific consideration to trustees of discretionary trusts. They discuss various claims available to beneficiaries against a trustee who is alleged to have acted improperly and the defences available to the trustee.