Hull on Estate and Succession Planning Episode #43 - Estate Planning
During Episode #43, Ian and Suzana discussed estate planning with a focus on financial topics such as tax planning, multiple will scenarios and family law issues.
Hull on Estates Episode #42 - Adult Support Obligations of Elderly Parents
During Hull on Estates Episode #42, Justin and Megan discussed the case of Godwin c. Bolcso [1993] O.P.J. No. 297 and Section 32 of the Family Law Act.
This case concerns the application by a 58-year-old mother for support from four adult children. The issues covered included the definitions of "reasonable care" and "support", and insight into when support will be ordered for parents.
Hull on Estates Podcast #41 - The Waters' Law of Trusts in Canada
During Episode #41, Ian and Suzana reviewed The Waters' Law of Trusts in Canada (3rd Edition) and discussed the extensive and helpful coverage of estate law and associated topics offered by the text.
Hull on Estates Podcast #40 - New Year's Resolutions for Succession Planning
During Hull on Estates Episode #40, Sean and Paul discussed the importance of wills, naming a Power of Attorney and other elements of succession planning that should be considered in the New Year.
Hull on Estates Episode #39 - Removing an Estate Trustee
In this episode, Jason and David discuss considerations that apply when beneficiaries seek to remove the trustee(s) of an estate. They discuss a factual situation involving a trustee who engages in questionable conduct and the various recourses available in an application for the trustee's removal.
Hull on Estates Podcast # 38 - Managing Estate Litigation - Orders Giving Directions
During Hull on Estates Podcast #38, we discussed provisions that may be included in Orders Giving Directions.
Hull on Estates Podcast #37 - Limitation Periods and Equalization Payments
During Hull on Estates Episode 37 we discussed:
- Limitation periods and equalization payments in the context of estate litigation;
- The case of Webster v. Webster Estate, including:
- the facts of the case;
- the marriage contract;
- the Application to extend the time for the limitation period;
- Section 2(8) of the Family Law Act; and
- the Courts decision in this matter.
Hull on Estates Podcast #36 - Mediation
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During Hull on Estates Episode 36, we discussed:
- mandatory mediation;
- the types of matters that have mandatory mediation;
- how mediation works in general;
- what the general timelines are for proceeding to mediation; and
- considerations for selecting a mediator.
Hull on Estates Podcast #35 - Will Challenges
During Hull on Estates Podcast #35, we discussed the following:
- Competing beneficiaries who join forces to challenge a Will when they do not have identical interests;
- People that need to be served in a Will Challenge;
- How to decide if you need your own lawyer or if you should join forces with the same solicitor; and
- How to deal with the costs of the Will Challenge when dealing with several lawyers.
Hull on Estates Podcast #34 - Security for Costs Motion in the Context of Estate Litigation
During Hull on Estates Episode 34, we discussed Security for Costs Motions in the context of Estate Litigation including the cases of:
- Re Bisyk (1979), 23 O.R. (2d) 600;
- Moses Estate, Re (2001), 38 E.T.R. (2d) 231 (Manitoba Master);
- Boutzios Estate, Re (2004), 5 E.T.R. (3d) 51 (Ont. S.C.J.); and
- the changing landscape of the law in respect of Security for Costs Motions.
Hull on Estates Podcast #33 - Hull & Hull LLP's New Website
During Hull on Estates Episode 33, we highlighted Hull & Hull LLP's new website including outlining the resources on the website such as:
- Blogs;
- Podcasts;
- Video Streaming;
- The Probator;
- News and Events;
- Links and;
- Hull Estate Mediation.
Hull on Estates Podcast #32 - The Family War - Winning the Inheritance Battle
During Hull on Estates Episode 32, we discussed the book by Jordan Atin, Barry Fish and Les Kotzer titled "The Family War: Winning the Inheritance Battle" including how to avoid inheritance battles, how to deal with them when they do occur and strategies to end them quickly and successfully.
Hull on Estates Podcast #31 - Contingency Fee Agreements in the Context of Estate Litigation
During Hull on Estates Episode 31, we discussed contingency fees in the context of estate ligitation including:
- the fact that Ontario is now allowed to have contingency fee agreements;
- what a contingecy fee is;
- the risk involved in taking a contingecy fee;
- how disbursements are handled in a contingency fee agreement;
- fees and the percentage that is taken; and
- what provisions should be included in a contingency fee ageement to make it binding.
Hull on Estates Podcast #30 - Security for Costs Motions
During Hull on Estates Episode 30, we discussed security for costs motions including the concepts involved in security for costs motions and the Courts awarding of security for costs motions.
We also discussed Rule 57 of the Rules of Civil Procedure in respect to costs and Rule 56 of the Rules of Civil Procedure in respect of security for costs motions.
Hull on Estates Podcast #29 - Podwise Social Media Inc.
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During Hull on Estates Podcast #29, Ian Hull and Jordan Atin, Senior Associate Counsel at Hull and Hull LLP, spoke with Kate Morgan, President of Podwise Social Media Inc. to discuss the concepts of Social Media and how they are relevant to the growth and success of law firms and small businesses.
Hull on Estates Podcast #28 - Solicitor's Negligence
During Hull on Estates Episode 28, we discussed:
- Solicitor's negligence and the type of claims that can arise in Estate Litigation;
- Prevention of claims; and
- The importance of making an early report of a claim to LawPRO.
Hull on Estates Podcast #27 - Compensation of an Estate Trustee Continued
During Hull on Estates Episode #27, we continued our discussion on the compensation of an estate trustee, including the pre-taking of compensation and the exclusion in Section 61 of the Trustee Act regarding fixing compensation in the instrument creating the trust.
Hull on Estates Podcast #26 - Compensation of an Estate Trustee
During Hull on Estates Podcast #26, we discussed compensation of an estate trustee.
Hull on Estates Podcast #25 - Why We Blog
During episode #25 of Hull on Estates, we discussed the expansion of social media and its effect on business development. We also discussed the principal concepts found in Chris Anderson's book, The Long Tail. We have blogged extensively about this innovative book, so if you would like more information, see our category, "New Media Observations".
Hull on Estates Podcast #24 - Disclosure to Beneficiaries
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During Hull on Estates Episode #24, we discussed the issue of disclosure of information by trustees to beneficiaries. We referred to the cases:
- O'Rourke v. Derbyshire, [1920] A.C. 581 (H.L.); Re Ballard Estate (1994), 20 O.R. (3d) 350 (O.C.G.D.); Fox v. Fox Estate (1996), 10 E.T.R. (2d) 229 (Ont. C.A.); and
- David Steele's article, "Beneficiary's Right to Know", 4th Annual Estates and Trusts Forum, LSUC.
Hull on Estates Podcast #23 - Summary Judgment Motions - Part II
During Hull on Estates Podcast #23, we discussed the tips for and the pitfalls of bringing motions for summary judgement in estate litigation.
Hull on Estates Podcast #22 - Summary Judgment - Part I
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In Episode #22 of Hull on Estates, we discussed summary judgment in general and in the context of estate litigation.
More specifically, we looked at the cases of:
- Straus v. Bainbridge (1999), 38 E.T.R. (2d) 110 (Ont. Gen. Div.); affirmed 38 E.T.R. (2d) 119 (Ont. C.A.);
- Ostreich v. Brunnhuber (2001), 38 E.T.R. (2d) 82;
- Knox v. Trudeau (2001), 38 E.T.R. (2d) 67 and;
- Ettorre Estate, Re (2004), 11 E.T.R. (3d) 208 (Ont. S.C.J.).
Hull on Estates Podcast #21 - The Process of Estate Litigation
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During Hull on Estates Episode #21, we discussed the conditions which can lead to a Will challenge and the subsequent steps of the process of Estate litigation.
Hull on Estates Podcast #20 - Costs Awards
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During Hull on Estates Episode 20, we discussed costs awards and estate litigation. We also analyzed:
- the case of Ali v. Fruci, [2006] O.J. No. 1093 (S.C.J.); [2006] O.J. No. 1425 (S.C.J.); and
- the case of Andersen v. St. Jude Medical, Inc. [2006] O.J. No. 508 (Div. Ct.).
Hull on Estates Podcast #19 - Overview of Costs in the Estate
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During Hull on Estates Episode 19, we reviewed three themes which have an impact on the decision of costs in the estate:
1) An appropriate level of investigation
2) Protection of sanctity of the process
3) Testator conduct Capacity litigation and the passing of accounts were also reviewed and the case of Ali v. Fruci ([2006] O.J. No. 1093) was introduced.
Hull on Estates Podcast #18 - Contingency Fees and Security for Costs in Estate Litigation
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In Hull on Estates Episode #18, we discussed security for costs in the area of estate litigation, focusing on the role of contingency fees.
Hull on Estates Podcast #17 - Costs of Estate Litigation
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During Hull on Estates Podcast #17, we discussed the question of costs in Estate Litigation, the British experience regarding costs and the case of Carapeto v. Good, [2002] WTLR 1305, [2002] EWHC 640 (Ch.)
Hull on Estates Podcast #16 - Harrison v. Fallis
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During Hull on Estates Podcast #16, we discussed the case of Harrison v. Fallis, a recent decision of Madam Justice Eberhard date June 12, 2006. --------
Hull on Estates Podcast #15 - Popke v. Bolt
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In Hull on Estates Podcast #15, we added some commentary to our last podcast on the Leskun v. Leskun decision, and then examined the recent Alberta Queen's Bench decision in Popke v. Bolt, [2005] A.J. No. 999; Serdahely Estate (Re), [2005] A.J. No. 16201. --------
Hull on Estates Podcast #14 - Leskun v. Leskun
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During Hull on Estates Podcast #14, we discussed the recent Supreme Court of Canada's decision in Leskun vs. Leskun dealing with spousal support and considered how it might affect the Estates bar. --------
Hull on Estates Podcast #13 - Costs in Estate Litigation
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In Hull on Estates Podcast #13, we discussed costs in Estate litigation. --------
Hull on Estates Podcast #12 - Burden of Proof
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In Hull on Estates Podcast #12, we continued with our discussion of Scott v. Cousins and, in particular, the court's analysis of the Burden of Proof and Undue Influence.
Hull on Estates Podcast #11 - Capacity
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During this episode of Hull on Estates, we talked about the case of Scott v. Cousins (2001), 37 E.T.R. (2d) 113 (Ont. S.C.J.).
In particular, we discussed:
(i) the admissibility of hearsay statements;
(ii) the role of medical evidence regarding capacity; and
(iii) the issue and use of retrospective capacity assessments. --------
Hull On Estates Podcast #10 - Knowledge and Approval continued
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During this podcast, Ian finished speaking about knowledge and approval, and talked about mistakes in that context as well as reviewing the concept of undue influence.
Hull On Estates Podcast #9 - Knowledge and Approval
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During this podcast on knowledge and approval and mistake, we discussed the following:
(i) the general concept of "knowledge and approval" and what amounts to such;
(ii) the case of Hastilow v. Stobie;
(iii) how to ordinarily establish "knowledge and approval", and what might be needed in special circumstances;
(iv) the cases of Crerar v. Crerar, Re Phelan and Fulton v. Andrew; and
(v) words appearing in a will by inadvertance. --------
Hull On Estates Podcast #8 - Suspicious Circumstances
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During this podcast on suspicious circumstances, we discussed the following:
(i) the general concept of "suspicious circumstances" and what amounts to such circumstances;
(ii) the onus of proof on a propounder of a will and an alleger of undue influence;
(iii) the meaning of the phrases "the true will of the deceased", and the "righteousness of the transaction";
(iv) the rule in Barry v. Butlin; and
(v) the Supreme Court of Canada's decision in Vout v. Hay. --------
Hull On Estates Podcast #7 - Testamentary Capacity continued
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During this podcast on testamentary capacity, we discussed the following:
(i) the requirement of a "disposing memory";
(ii) age-related "incapacities";
(iii) the Re Bohrmann and Fulton v. Andrew decisions; and
(iv) the practicalities of determining testamentary capacity. --------
Hull On Estates Podcast #6 - Testamentary Capacity
During this podcast, we discussed the following:
(i) age restrictions to keep in mind when drafting a will;
(ii) requisite mental capacity; and
(iii) the issue of insane delusions. --------
Hull on Estates Podcast # 5 - More on Drafting Wills
During our podcast, we discussed the following legal issues:
(i) constructive trusts;
(ii) specific devices and bequests;
(iii) life insurance;
(iv) the description of beneficiaries;
(v) trusts/life interests;
(vi) the selection and powers of trustees, including the power to encroach; and
(vii) ademption. --------
Hull On Estates Podcast #4 - Legal Issues when Drafting a Will
During our podcast, we discussed the following legal issues:
(i) the International Will;
(ii) revocation by marriage;
(iii) lapse;
(iv) abatement; and
(v) the rule in Saunders v. Vautier. --------
Hull On Estates Podcast #3 - Issues when Drafting a Will
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During our podcast, we discussed the following legal issues:
(i) concepts of undue influence
(ii) suspicious circumstances
(iii) due execution; and
(iv) introduced the concept of international wills --------
Hull On Estates Podcast #2 - Testamentary Capacity
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During Hull on Estates Podcast #2, we discussed the concept of testamentary capacity.
