Hull on Estates

This week on Hull on Estates, Nick Esterbauer and Shawnee Matinnia dive into the depths of Ontario's Declarations of Death Act, 2002, as they explore the intersection of the Titan Submersible and the legal complexities surrounding presumed deaths. Join them as they navigate through the murky waters of determining and defining death in the modern world.

This week on Hull on Estates, Doreen So and Darien Murray discuss McKenzie v Morgan, 2023, ONSC 1457, a case which examines the ability of Attorneys for Property to sell property that is the subject of a specific testamentary gift. They consider the statutory framework surrounding this issue, as well as the wider obligations of Attorneys for Property. Follow us on social media: LinkedIn Facebook T...

This week on Hull On Estates, Natalia Angelini and Mark Lahn review the case of Doherty v. Doherty, which is a cautionary tale for those acting as a Power of Attorney who make gifts to themselves. This case deals with issues commonly encountered in both estate and POA litigation that those who practice in the area won't want to miss.

This week on Hull on Estates, Nick Esterbauer and Daniel Boucher discuss Gorgi v Ihnatowych, 2023 ONSC 1803, and how an expansive approach to rectification may fit into a trend toward giving effect to well-documented testamentary intentions.

In today's episode, Doreen So and Diana McBey discuss Nagy v. Graves, 2022 SKKB 257, and how the Saskatchewan framework for estate administrations and the removal of estate trustees differs from that of Ontario.

This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the recent decision in Dors et al. v. The Public Guardian and Trustee, 2023 ONSC 1503, where the Ontario Superior Court of Justice addressed the application of the cy-pres doctrine in circumstances in which a charity ceased operations after the execution of a will. Follow us on social media: LinkedIn Facebook Twitter Instagram

This week on Hull on Estates, Natalia Angelini and Sydney Osmar provide a refresher on the First Dealings Exemption, including what it is, when it applies, and why its important for Estate practitioners to be able to identify the exemption. Follow us on social media: LinkedIn Facebook Twitter Instagram

This week on Hull on Estates, Jonathon Kappy and Margarita Grup discuss the recent decision in Palichuk v. Palichuk, 2023 ONCA 116, where the Court of Appeal for Ontario addressed the difficulties in bringing a challenge to testamentary documents while the testator is still alive. Follow us on social media: LinkedIn Facebook Twitter Instagram

This week on Hull on Estates, Nick Esterbauer and Darien Murray discuss the recent decision in Reinboldt v Cameron, 2023 ONSC 842, and factors that a court may consider in determining whether to exercise its discretion to order an attorney for property to formally pass their accounts. Follow us on social media: LinkedIn Facebook Twitter Instagram

This week in Hull on Estate, Dorren So and Raphael Leitz discuss the current status of Medical Assistance in Dying in Canada, its applicability in estate planning and possible upcoming changes to the law. Follow us on social media: LinkedIn Facebook Twitter Instagram

This week on Hull on Estates, Stuart Clark and Aanchal Bajaj discuss the role of handwritten wills, handwritten amendments and holographic wills. Follow us on social media: LinkedIn Facebook Twitter Instagram

This week on Hull on Estates, Natalia Angelini and Mark Lahn discuss the recent case of Kolic Estate (Re), 2022 BCSC 1527 and the rule in Cherry v. Boultbee, which deal with situations in which an estate trustee can set-off a debt owing to the estate by a beneficiary before making an in specie distribution. Follow us on social media: Follow us on Social Media. LinkedIn Facebook Twitter Instagram

This week on Hull on Estates, Jonathon Kappy and Sara Moledina discuss three changes to the purchasing and taxation of real estate that come into force in 2023, and how they might affect Estates. Namely, the Vacant Home Tax, The Prohibition on the Purchase of Residential Property by Non-Canadian's Act, and the Anti-Flipping Tax. Follow us on Social Media. LinkedIn Facebook Twitter Instagram

This week on Hull on Estates, Nick Esterbauer and Michael Krznaric discuss the Re Sandhu, BCSC 2027, decision and consider factors that may be considered when seeking to compel someone to submit for a capacity assessment where there is conflicting evidence on the issue of capacity. Follow us on Social Media. LinkedIn Facebook Twitter Instagram

This week on Hull on Estates, Doreen So and Jennifer Wan discuss the Alberta Lower Court and Court of Appeal decisions on Duhn Estate, 2021 ABQB 35 and 2022 ABCA 360, respectively, and consider its implications regarding the Cultural Shift within Canadian Estate Courts.

Hull on Estates Podcast #653: This week on Hull on Estates, Jonathon Kappy and Mohena Singh revisit Moore v Sweet in the recent Ontario Court of Appeal decision of Fair v BMO Nesbitt Burns Inc., and the importance of corroboration in succeeding in a summary judgment motion.

This week on Hull on estates, Stuart Clark and Mashal Hakimi discuss the Ontario court of appeal decision case of Scalia v Scalia 2015 ONCA 492, regarding whether a power of attorney can severe a joint tenancy. Follow us on Social Media. LinkedIn Facebook Twitter Instagram

This week in Hull on Estates, Natalia Angelini and Raphael Leitz discuss the recent decision in Wolk v. Wolk 2021 BCSC 1881, and the powers of the Court to find a gift valid even where it does not meet formal statutory requirements. Follow us on Social Media. LinkedIn Facebook Twitter Instagram

This week in Hull on Estates, Nick Esterbauer and Darien Murray discuss the recent decision in O'Connor v O'Connor, 2022 ONSC 3482, and the impact of issues of inheritances and joint accounts in the context of marital breakdown and equalization. Follow us on Social Media. LinkedIn Facebook Twitter Instagram

In this episode of Hull On Estates, Jonathon Kappy and Mark Lahn discuss the recent decision in Humphreys-Saude v Pavao where an individual was found liable for the actions of an estate trustee based on her assistance in a breach of trust. Follow us on Social Media. LinkedIn Facebook Twitter Instagram

Can an outline of a will be submitted in an Application for Appointment of Estate Trustee with a Will? In today's episode of Hull on Estates, Doreen So and Artur Adamin discuss a recent decision, Re Estate of Diane Frances Pearce, where the court grappled with this exact issue. Follow us on Social Media. LinkedIn Facebook Twitter Instagram

Zombie Deeds Can legal title to real property be transferred after the transfer is executed but before it is registered? In today's episode of Hull on Estates, Nicole Cianci and Paul Trudelle discuss the transfer of real property in these circumstances, often referred to as "zombie deeds", and how Canadian courts are ruling on this issue. Follow us on Social Media. LinkedIn Facebook Twitter Instag...

This week on Hull on Estates, Stuart Clark and Tsvetomira Niklin discuss the Court of Appeal's decision in Huang v. Braga, 2020 ONCA 645 , where a party under disability sought leave to appeal the Court's approval of a settlement, while the appeal was not supported by the litigation guardian in the proceedings. Follow us on Social Media. LinkedIn Facebook Twitter Instagram

This week on Hull on Estates Natalia Angelini and Aanchal Bajaj discuss the settlement exception to mediated agreement Association de médiation familiale du Québec v. Bouvier and enforcing agreements agreed to during mediation in Campbell v Gautreau et al, 2022 ONSC 3416. Follow us on Social Media. LinkedIn Facebook Twitter Instagram

This week on Hull on Estates, Nick Esterbauer and Jennifer Wan discuss the Ontario Superior Court of Justice's decision in the Estate of Celeste Dos Santos, 2022 ONSC 3824 and consider possible implications regarding limitation periods applicable to passings of accounts. Follow us on Social Media. LinkedIn Facebook Twitter Instagram If you have any questions, contact us at info@hullandhull.com or...