Law Based Podcasting
The lead article on the Law page in the Globe and Mail yesterday was all about the various uses and success stories in the world of Podcasting. The article highlighted the efforts on the part of Torys LLP to use Podcasts and video Podcasts as an important client service and marketing tool.
As an aside, there is also an interesting debate going on in Podcast circles about the use of video Podcasting. The Globe article helps highlight the difference between the two mediums. There is an excellent Podcast on the difference between video and non-video Podcasts on Ultimate Podcasting . The discussion centres around the fact that non-video Podcasts are arguably going to be the central Podcasting medium because they allow the listener to multi-task, while the video Podcasts require more direct attention. During the Podcast the interviewer points us to an excellent article in the March 27, 2006 edition of Time Magazine entitled The Multitasking Generation .In the Time Magazine Article they point out the growing trend of the ability of kids and adults to multi-task.
The battle between video and non-video Podcasting will no doubt rage on; however, our vote stays with non-video Podcasting for now. We want our listeners to be able to fold the laundry while listening. Both tasks need to be done and both can be properly done at the same time. The perfect multi-task!
We started Podcasting before blogging and, as such, we are going to go back to our past Podcasts and provide short summaries of our past Podcasts. We will be moving over to show notes in the future; however, we thought the summaries might be of assistance.
So here we go:
Hull on Estates Podcast Summary Episode No. 3 For our third Hull on Estates podcast, after having tackled a very general review of the concepts of testamentary capacity, we turned to the basic issue of undue influence and suspicious circumstances.
We went on to define undue influence as being an act of coercion and arising in circumstances where someone makes someone else do something that they do not want to do. We reminded the listeners that the influence must be undue influence and not simply legitimate persuasion or discussion between the Will-maker and the beneficiary. We briefly discussed the leading decision of the Supreme Court of Canada in Vout v. Hay [1995] 2 S.C.R. 876.
Suzana made the point that she always makes sure that she meets separately with her client to review the instructions directly without any family members or friends present. This allows her to ensure that she has clear instructions from the client and that those instructions are not being forced upon the client by external individuals.
I was reminded of the fact that, sometimes when I take instructions, I forget the importance of testing the whole question of undue influence and considering the issue of suspicious circumstances. I identified certain specific questions that can be asked of a client in such circumstances.
We then turned to the signing of the Will, being such a fundamental aspect of the Will-drafting process. Suzana reminded the listeners that she always has the witnesses and the individuals signing the Will stay in the room at all times throughout the execution process. We also discussed the difference in the statutes between the approach of "mandatory execution" or "substantial execution" of the Will. "Mandatory" being the cases where the courts have strictly held that the exact requirements under the relevant statutes must be present when signing a Will (i.e. two witnesses, etc.) or other jurisdictions such as Manitoba where the courts will allow a Will to be admitted to Probate if it has substantially met the requirements of execution.
After we had reviewed, in brief and general terms, the substantive legal issues such as testamentary capacity and undue influence, we turned to some of the core legal issues, for example, the question of assets in jurisdictions other than Ontario. We also briefly discussed the concept of multiple Wills and their use in estate planning matters.
Hull on Estates and Succession Planning Podcast Summary Episode No. 3 In this episode, we discussed the role of an Executor and other clauses to include in a Will, as well as what happens when you die without a Will (i.e. intestate). We also considered the difference between a holograph and typewritten will and situations when one should consider amending one's Will.
We hope you enjoy the episodes! Suzana and Ian --------
