PODCASTS / AUDIO : Toronto Estate Law Blog

News Stories That Impact Estate Litigation - Hull on Estate and Succession Planning #169

Posted on July 2, 2009 by Hull & Hull LLP

Listen to News Stories That Impact Estate Litigation

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 leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes

The Family Property - Part 2 - Hull on Estate and Succession Planning #170

Posted on July 2, 2009 by Hull & Hull LLP

Listen to The Family Property - Part 2

This week on Hull on Estate and Succession Planning Ian and Suzana continue their discussion on the family property. They look into two simple options when choosing to manage the transfer of wealth of a cottage - gifting it during your lifetime and selling the property.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes

Taking Evidence Before Trial - Hull on Estates #168

Posted on June 23, 2009 by Hull & Hull LLP

Listen to Taking Evidence Before Trial

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.

Tags: PODCASTS / AUDIO, Bianca La Neve, Hull on Estates, Natalia Angelini, Show notes, Trial, evidence

Knowledge Management - Hull on Estates #167

Posted on June 17, 2009 by Hull & Hull LLP

Listen to Knowledge Management

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.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Paul Trudelle, Show notes, knowledge management, sharon davis

Social Media and Being Specific Wrap-up - Hull on Estate and Succession Planning #168

Posted on June 11, 2009 by Hull & Hull LLP

Listen to Social Media and Being Specific Wrap-up

This week on Hull on Estate and Succession planning Ian Hull and Suzana Popovic-Montag begin their discussion by relating Star Trek to social media in terms of technology, costs and viewer/reader feedback. They continue on with a wind-up of their Being Specific series and discuss the last stage of how things unfold. Finally, Suzana mentions a blog post relating to costs from the New York Probate & Estate Litigation Blog by Philip Bernstein.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, New York Probate & Estate Litigation Blog, Philip Bernstein, Show notes, Suzana Popovic-Montag, ian hull

The Estate Trustee During Litigation - Hull on Estates #166

Posted on June 9, 2009 by Hull & Hull LLP

Listen to The Estate Trustee During Litigation

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.

For more information on this topic, see:
Jordan Atin's article, The Estate Trustee During Litigation, in 'Estate Litigation' by Brian A. Schnurr. volume 2. 2nd ed. (Toronto: Thomson Carswell, 2000)

If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Craig Vander Zee, Hull and Hull, Hull on Estates, Hull on Estates, Litigation, Paul Trudelle, Show notes, estate trustee, megan connolly

The Decision of Justice Brown - Hull on Estates #165

Posted on June 4, 2009 by Hull & Hull LLP

Listen to The Decision of Justice Brown

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.

Tags: PODCASTS / AUDIO, Hull on Estates, Pearsall, Show notes, Suzana Popovic-Montag, applications, ian hull, jurisdiction, justice brown

Being Specific About Costs - Hull on Estate and Succession Planning #167

Posted on June 3, 2009 by Hull & Hull LLP

Listen to Being Specific About Costs

This week on Hull on Estate and Succession Planning, Ian and Suzana get into specifics regarding costs.
They discuss specific illustrations where motions can arise; both strategic motions and those that can be predicted and look into why costs may be so high.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, Hull on Estate and Succession Planning, Show notes, costs, ian hull, motions

Uncertainties in Litigation - Hull on Estate and Succession Planning #166

Posted on May 27, 2009 by Hull & Hull LLP

Listen to Uncertainties in Litigation

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the uncertainties in litigation. They look at the great uncertainty of interlocutory (or injunctions, or motions) throughout the process.

They talk about the motions that are brought often that can create budget difficulties due to the unknowns in litigation.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Litigation, Show notes, Suzana Popovic-Montag, ian hull, injunction, interlocutory, motions

Terminating or Varying a Trust - Hull on Estates Episode #164

Posted on May 26, 2009 by Hull & Hull LLP

Listen to Terminating or Varying a Trust

This week on Hull on Estates, Jonathan Morse and Natalia Angelini discuss trusts; specifically they 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.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Jonathan Morse, Natalia Angelini, Show notes, Trusts, debra stevens, terminating trusts, varying trusts

The Question of Costs - Part 2 - Hull on Estate and Succession Planning #165

Posted on May 20, 2009 by Hull & Hull LLP

Listen to The Question of Costs - Part 2

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the question of costs. Specifically, they discuss the estimated costs when engaging a lawyer.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes, Suzana Popovic-Montag, costs, ian hull

Useful Clauses in a Will - Hull on Estates Episode #163

Posted on May 20, 2009 by Hull & Hull LLP

Listen to Useful Clauses in a Will

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.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Paul Trudelle, Sarah Fitzpatrick, Show notes, Wills, will clauses

The Distinction Between Bringing Motions and Commencing Proceedings - Hull on Estates #162

Posted on May 12, 2009 by Hull & Hull LLP

Listen to The Distinction Between Bringing Motions and Commencing Proceedings

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.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Chris Graham, Hull & Hull LLP, Hull on Estates, Hull on Estates, Rick Bickhram, Show notes

The Question of Costs - Hull on Estate and Succession Planning #164

Posted on May 12, 2009 by Hull & Hull LLP

Listen to The Question of Costs

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the question of costs. They talk about where people get paid out of in typical estate contested matter and begin to discuss what the costs are and what it really costs a client to engage a lawyer.

If you have any comments, send us an e-mail at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull & Hull LLP, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes, Suzana Popovic-Montag, ian hull

Illustrating the Use of Technology - Hull on Estate and Succession Planning #163

Posted on May 5, 2009 by Hull & Hull LLP

Listen to Illustrating the Use of Technology

This week on Hull on Estate and Succession Planning Ian and Suzana illustrate the use of technology. They discuss the tools they use, knowledge management within their firm and how technology has made things much more accessible for current lawyers and law students.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes, Suzana Popovic-Montag, ian hull

Q + A with Rodney Hull - Hull on Estates Episode 161

Posted on May 5, 2009 by Hull & Hull LLP

Listen to Q + A with Rodney Hull

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 Estates blog.

Tags: PODCASTS / AUDIO, Hull on Estates, Hull on Estates, Jonathan Morse, Rodney Hull, Show notes

The Unique Characteristics of the Estate Retainer - Hull on Estates #160

Posted on May 3, 2009 by Hull & Hull LLP

Listen to The Unique Characteristics of the Estate Retainer

This week on Hull on Estates, Ian Hull and Suzana Popovic-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 characteristics of the estate retainier and some of the things they use at their firm to help deliniate their job

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes, Suzana Popovic-Montag, hull and hull LLP, ian hull

Issues that Arise with an Incapable Spouse - Hull on Estate and Succession Planning #162

Posted on April 28, 2009 by Hull & Hull LLP

Listen to Issues the Arise with an Incapable Spouse

This week on Hull on Estate and Succession Planning, Ian and Suzana pick up on the last couple points on the Canadian Conference on Elder Law put on by the Canadian Bar Association conference in Kingston, Ontario on June 9, 2009. They discuss another topic that will come at the conference; the question of family law and elder law. They explore the issue that arises when a couple who is advanced in years, finds one of them to be incapable They also briefly discuss other blogs that are available for those who are interested and they mention a great place to start would be lawblogs.ca.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes, Suzana Popovic-Montag, hull and hull LLP, ian hull

Social Media and the Canadian Conference on Elder Law - Hull on Estate and Succession Planning #161

Posted on April 22, 2009 by Hull & Hull LLP

Listen to Social Media and the Canadian Conference on Elder Law

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the idea of knowing what is going on around us in social media. They mention the Canadian Conference on Elder Law put on by the Canadian Bar Association conference in Kingston, Ontario on June 9, 2009. One of the first topics at the conference will be on assessing the capacity assessor. Ian and Suzana discuss assessing the assessor and the pros, cons and what should be expected. They talk about what they see in their practice as important elements of a good assessment and where they might see some problems.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Canadian Bar Association, Elder Law, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes, Suzana Popovic-Montag, hull and hull LLP, ian hull

Henson Trusts - Hull on Estates #159

Posted on April 21, 2009 by Hull & Hull LLP

Listen to Henson Trusts

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 comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Rick Bickhram, Sarah Fitzpatrick, Show notes, henson trusts, hull and hull LLP

The Freezing of the Assets - Hull on Estate and Succession Planning #160

Posted on April 14, 2009 by Hull & Hull LLP

Listen to The Freezing of the Assets

This week on Hull on Estate and Succession Planning Ian and Suzana discuss what the freezing of the assets step means and what the typical approach is for dealing with situations in which this step needs to be taken.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

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The Role of the Office of the Public Guardian Trustee - Hull on Estates #158

Posted on April 14, 2009 by Hull & Hull LLP

Listen to The Role of the Office of the Public Guardian Trustee

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

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes, Suzana Popovic-Montag, hull and hull LLP, ian hull

Administration Bonds - Hull on Estates #157

Posted on April 7, 2009 by Hull & Hull LLP

Listen to Administration Bonds

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 and what is required.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Paul Trudelle, Show notes, administration bonds, megan connolly

What Do We Expect From Our Clients? - Hull on Estate and Succession Planning #159

Posted on April 7, 2009 by Hull & Hull LLP

Listen to What Do We Expect From Our Clients?

This week on Hull and Estate and Succession Planning, Ian and Suzana discuss what we expect and what we can expect from clients. This topic was prompted by the recent changes by the Law Society to the bylaws in terms of what to ask clients. They discuss the changes and how they are important in the general practice and in specific practice.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes, Suzana Popovic-Montag, clients, hull and hull LLP, ian hull

The Positive Side of the Second Marriage - Hull on Esate and Succession Planning #158

Posted on April 1, 2009 by Hull & Hull LLP

Listen to The Positive Side of the Second Marriage

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the positive side of the second marriage from a planning standpoint with a focus on capacity planning.
They discuss both property and personal care.

If you have any comments, send us and email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Show notes, Suzana Popovic-Montag, hull and hull LLP, ian hull

Estate Needs and Will Needs for Someone With a Dependant - Episode #156

Posted on April 1, 2009 by Hull & Hull LLP

Listen to Estate Needs and Will Needs for Someone With a Dependent

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 on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes

Court Proceedings Involving the Substitute Decisions Act and the Health Care Consent Act - Episode #155

Posted on March 25, 2009 by Hull & Hull LLP

Listen to Court Proceedings Involving the Substitute Decisions Act and the Health Care Consent Act

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 Substitute Decisions Act.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Bianca La Neve, Diane Vieira, Hull on Estates, Hull on Estates, Show notes

Managing Disputes That Arise From Second Marriages - Hull on Estate and Succession Planning #157

Posted on March 24, 2009 by Hull & Hull LLP

Listen to Managing Disputes That Arise From Second Marriages

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss managing family disputes that arise out of second or third marriage relationships.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull and Hull, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Show notes, Suzana Popovic-Montag, ian hull

The Drafting of Wills -Part 2 - The Specifics of Charitable Giving - Hull on Estate and Succession Planning #156

Posted on March 18, 2009 by Hull & Hull LLP

Listen to The Drafting of Wills -Part 2 - The Specifics of Charitable Giving

This week on Hull on Estates and Succession Planning, Ian Hull and Jordan Atin continue their discussion on the drafting of wills and take a closer look at the specifics of charitable giving.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes, Wills, ian hull, jordan atin

The Legal and Substantive Role of the Executor - Episode #154

Posted on March 18, 2009 by Hull & Hull LLP

Listen to The Legal and Substantive Role of the Executor

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.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes, Suzana Popovic-Montag, hull and hull LLP, ian hull

Powers of Attorney for Personal Care - Episode #153

Posted on March 11, 2009 by Hull & Hull LLP

Listen to Powers of Attorney for Personal Care

This week on Hull on Estates Diane Vieira and Natalia Angelini discuss powers of attorney for personal care.They refer to a Mark Handelman's paper Power of Attorney for Personal Care: Fries with that Will? on the subject. They point out that even though powers of attorney often garners less attention that they should still be carefully thought out.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

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The Drafting of Wills - Hull on Estate and Succession Planning #155

Posted on March 10, 2009 by Hull & Hull LLP

Listen to The Drafting of Wills

This week on Hull on Estates and Succession Planning, Ian Hull and Jordan Atin discuss drafting wills and some of the more personal aspects of it such as family matters and charitable giving.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

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Amendments to the Rules of Civil Procedure - Episode #152

Posted on March 4, 2009 by Hull & Hull LLP

Listen to Amendments to the Rules of Civil Procedure.

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 on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Paul Trudelle, Rick Bickhram, Show notes, hull and hull LLP

The Estate Freeze - Part 2 - Hull on Estate and Succession Planning #154

Posted on March 3, 2009 by Hull & Hull LLP

Listen to The Estate Free - Part 2

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on Estate Freezes and discuss the rights that shareholders have.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull and Hull, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes, Suzana Popovic-Montag, ian hull

Protection For a Trustee Against Personal Liability - Episode #151

Posted on February 24, 2009 by Hull & Hull LLP

Listen to Protection For a Trustee Against Personal Liability.

This week on Hull on Estates, Craig Vander Zee and Bianca La Neve discuss protection for a trustee against personal liability. There are a 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 email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Bianca La Neve, Craig Vander Zee, Hull on Estates, Hull on Estates, Show notes, hull and hull LLP

The Estate Freeze - Hull on Estate and Succession Planning #153

Posted on February 24, 2009 by Hull & Hull LLP

Listen to The Estate Freeze

This week on Hull and Estate and Succession Planning, Ian and Suzana discuss the estate freeze, what it is and why people would do typically do that in their estates.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull and Hull, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Popovic-Montag", Show notes, Suzana, ian hull

The Decision of Frye vs. Frye - Hull on Estate and Succession Planning #152

Posted on February 18, 2009 by Hull & Hull LLP

Listen to The Decision of Frye vs. Frye.

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the decision of Frye vs. Frye. In this case the court of appeal struggled with two competing documents. This created problems because there was a will issue that did not match up to the shareholders agreement that was created.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

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Insolvency issues when dealing with estates - Episode #150

Posted on February 17, 2009 by Hull & Hull LLP

Listen to Insolvency issue when dealing with estates.

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.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes

How Capacity Can Impact on Efforts to Create a Decision Making Tree - Hull on Estate and Succession Planning #151

Posted on February 12, 2009 by Hull & Hull LLP

Listen to How Capacity Can Impact on Efforts to Create a Decision Making Tree

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss how capacity and one's capacity can impact on efforts to create a decision making tree.

If you have any comment, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull and Hull, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes, Suzana Popovic-Montag, ian hull

Tucker and Tucker Estate Will Challenge - Episode #149

Posted on February 10, 2009 by Hull & Hull LLP

Listen to Tucker and Tucker Estate Will Challenge

This week on Hull on Estates Megan Connolly and Paul Trudelle discuss a decision that was released on January 21, 2009 on the Tucker and Tucker estate, involving a will challenge.
The sole issue was whether or not this particular will was valid.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull and Hull, Hull on Estates, Hull on Estates, Paul Trudelle, Show notes, Will Challenge, megan connolly

Shareholders Agreements in the Context of an Estate Plan - Part 2 - Hull on Estate and Succession Planning #150

Posted on February 5, 2009 by Hull & Hull LLP

Listen to Shareholders Agreements in the Context of an Estate Plan - Part 2

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on shareholders agreements in the context of an estate plan. They discuss the fact that when creating a shareholders agreement we should deal with the day to day governance not the global governance which deals with directors and officers.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

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Estate Planning in Uncertain Economic Times - Episode #148

Posted on February 5, 2009 by Hull & Hull LLP

Listen to Estate Planning in Uncertain Economic Times

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 you estate plan.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

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Shareholders agreements in the context of an estate plan - Hull on Estate and Succession Planning #149

Posted on January 28, 2009 by Hull & Hull LLP

Listen to Shareholders agreements in the context of an estate plan

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss what a shareholders agreement is and how that can be an important tool in the context of an estate plan. They focus on the fact that the efforts to create a shareholders agreement forces the family to consider what they're going to do with the estate plan and where they're going to go forward.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

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Compensation paid to guardians of property - Episode #147

Posted on January 27, 2009 by Hull & Hull LLP

Listen to Compensation paid to guardians of property

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

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes

Fundamental business concepts that impact estate planning - Hull on Estate and Succession Planning #148

Posted on January 22, 2009 by Hull & Hull LLP

Listen to Fundamental business concepts that impact estate planning

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss some of the fundamental business concepts that impact estate planning. They also talk about the need to disclose and why that is important, using the illustration of the use of shareholders agreements.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes

Short-circuiting the frivolous will challenge - Episode #146

Posted on January 20, 2009 by Hull & Hull LLP

Listen to Short-circuiting the frivolous will challenge

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.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Craig Vander Zee, Hull and Hull, Hull on Estates, Hull on Estates, Natalia Angelini, Show notes, Will Challenge

The Choice of Personal Representative - Hull on Estate and Succession Planning #147

Posted on January 13, 2009 by Hull & Hull LLP

Listen to The Choice of Personal Representative

This week on Hull on Estate and Succession Planning, Ian and Suzana look in more detail at choosing a personal representative and how to minimize tension when doing this.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes

The decision of Frye vs. Frye - Episode #145

Posted on January 13, 2009 by Hull & Hull LLP

Listen to The decision of Frye vs. Frye

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.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes

Discussion of the case of Warren and Gilbert from Ontario Reports Dec 26th issue - Episode #144

Posted on January 7, 2009 by Hull & Hull LLP

Listen to Discussion of the case of Warren and Gilbert from Ontario Reports Dec 26th issue

This week on Hull and Estates, David Smith and Rick Bickhram, discuss the case of Warren and Gilbert from the Dec 26th issue of Ontario Reports. This case is interesting because it touches on procedural substantive issue relevant to both estates practitioners and family law practitioners.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes

Reasons Why an Estate Plan Can Go Awry - Hull on Estate and Succession Planning #146

Posted on January 7, 2009 by Hull & Hull LLP

Listen to Reasons Why an Estate Plan Can Go Awry

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the reasons why an estate plan can go awry and how to address these issues.
The reasons include the concept of an acrimonious extended family member, intransigent family members, making sure you have properly drafted documents and the choice of your estate trustee or personal representative.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning

Procedural decisions that came out of the Ontario Superior Court of Justice - Hull on Estates #143

Posted on December 30, 2008 by Hull & Hull LLP

Listen to Procedural decisions that came out of the Ontario Superior Court of Justice

This week on Hull and Estates, Paul Trudelle and Diane Viera, discuss procedural decisions that came out of the Ontario Superior Court of Justice and in particular a few decisions from the honourable Mr. Justice Brown of the estates list in Toronto.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes

Administering Assets that are Personal Property Items - Hull on Estate and Succession Planning #144

Posted on December 23, 2008 by Hull & Hull LLP

Listen to Administering Assets that are Personal Property

In this episode, Ian and Suzana discuss how to approach administering assets that are personal property items. This is particularly relevant in the holiday season when valuable gifts are often exchanged, be they paintings, furniture or jewelry.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our

blog

.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes

The formal requirements to make a valid Will in Ontario - Hull on Estates #142

Posted on December 23, 2008 by Hull & Hull LLP

Listen to The formal requirements to make a valid Will in Ontario

This week on Hull and Estates, Christopher Graham and Bianca La Neve review the formal requirements to make a valid Will in Ontario and the consequences of failing to adhere to the formal requirement. The relatively recent English decision of Esterhuizen v. Allied Dubar Plc [1998] 2 FLR 668 is discussed.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Bianca La Neve, Chris Graham, Hull and Hull, Hull on Estates, Hull on Estates, Show notes, will

The Use and Impact of Trust Companies - Hull on Estate and Succession Planning #143

Posted on December 18, 2008 by Hull & Hull LLP

Listen to The Use and Impact of Trust Companies

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the use and impact of trust companies in estate planning, the pros and cons, and how they are used in an efficient way in general estate planning and in some of the contentious situations.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes

Managing Estate Issues - Hull on Estates #140

Posted on December 9, 2008 by Hull & Hull LLP

Listen to Managing Estate Issues

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag talk about how to manage an estate dispute as opposed to preventing it. They use an example of a joint account shared between 'Mom' and 'daughter' to examine the best way to approach posthumous problems and misunderstandings.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, TOPICS, Estate & Trust, Hull and Hull, Hull on Estates, Hull on Estates, Joint Accounts, Mediators, Show notes, Suzana Popovic-Montag, estate, gifts, ian hull

Guardianship in Canada - Hull on Estate and Succession Planning

Posted on December 9, 2008 by Hull & Hull LLP

Listen to Guardianship in Canada

This week on Hull on Estate and Succession Planning, Suzana Popovic-Montag speaks with Rodney Hull about how the law has changed in Canada as it pertains to the appointment of guardians. Rodney suggests that today's laws (post-1994) are clearer than they were in the past.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

The Benefits of the Family Meeting - Hull on Estate and Succession Planning #141

Posted on December 3, 2008 by Hull & Hull LLP

Listen to The Benefits of the Family Meeting

This week on Hull on Estate and Succession Planning, Suzana Popovic-Montag speaks with Rodney Hull about the benefits of holding a family meeting to discuss estate matters while the testator is still alive. They both extend their condolences to the family of Ted Rogers, who passed away today.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, TOPICS, Beneficiary Designations, Estate & Trust, Family Conference Meeting, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Rodney Hull, Show notes, Suzana Popovic-Montag, Ted Rogers, the Family Conference

Rose v. Rose - Hull on Estates #139

Posted on December 2, 2008 by Hull & Hull LLP

Listen to Rose v. Rose

This week on Hull on Estates, Rodney Hull and Jonathan Morse discuss the case of Rose v. Rose [which can be found at 24ETR(3D)217 or 81OR(3D)349]. The case is valuable and instructive as it raises questions about rectification, rescission and removal of the trustees.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, TOPICS, Beneficiary Designations, Estate & Trust, Hull and Hull, Hull on Estates, Hull on Estates, Jonathan Morse, Rodney Hull, Rose v. Rose, Show notes

Direct and Indirect Approaches to Estate Planning - Part 1

Posted on November 25, 2008 by Hull & Hull LLP

Listen to Direct and Indirect Approaches to Estate Planning - Part 1

This week on Hull on Estate and Succession Planning, Ian and Suzana start a discussion on their global philosophy toward the estate planning process. There are direct and indirect approaches to capacity and estate planning and in this episode, Ian and Suzana explore these approaches as they pertain to the choice of attorney.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

The Concept of Ethical Wills - Hull on Estates #138

Posted on November 25, 2008 by Hull & Hull LLP

Listen to The Concept of Ethical Wills

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss innovative techniques that add value to doing a will and powers of attorney. Specifically they discuss the concept of ethical wills and how they are different from a traditional will.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull and Hull, Hull on Estates, Hull on Estates, Show notes, Suzana Popovic-Montag, ethical wills, ian hull

Offers to Settle in the Context of a Will Challenge - Hull on Estates #137

Posted on November 18, 2008 by Hull & Hull LLP

Listen to Offers to Settle in the Context of a Will Challenge

This week on Hull on Estates, Craig Vander Zee and Bianca La Neve talk about offers to settle in the context of a will challenge. They explain the difference between a will challenge and civil litigation and discuss several examples of will challenge cases.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Bianca La Neve, Craig Vander Zee, Hull and Hull, Hull on Estates, Hull on Estates, Show notes, Will Challenge, law podcast

Will Challenge wrap-up and Power of Attorney Litigation- Hull on Estate and Succession Planning #139

Posted on November 18, 2008 by Hull & Hull LLP

Listen to Will Challenge wrap-up and Power of Attorney Litigation

This week on Hull on Estate and Succession Planning, Ian and Suzana give a final comment on Will Challenge litigation and speak about their topic at the Canadian Conference on Elder Law in Vancouver; Power of Attorney Litigation.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes

The Family Law Act and division of property problems- Hull on Estates #136

Posted on November 11, 2008 by Hull & Hull LLP

This week on Hull on Estates, Diane Vieira andRick Bickhram talk about the Family Law Act and division of property problems. They discuss determining net family property, quantifying the assets of the deceased and making an equalization claim.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes

Will Challenge Litigation - Part 13 - Hull on Estate and Succession Planning #138

Posted on November 11, 2008 by Hull & Hull LLP

Listen to Will Challenge Litigation - Part 13 [Audio Version Currently Not Available]

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the five factors the court looks at when challenging a will.

1) Lack of testamentary capacity
2) Undue Influence
3) Due execution or properly executing a will.
4) Suspicious circumstances
5) Fraud

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes

Will Challenge Litigation - Part 12 - Hull on Estate and Succession Planning #137

Posted on November 7, 2008 by Hull & Hull LLP

Listen to Will Challenge Litigation - Part 12

This week on Hull on Estate and Succession Planning, Ian and Suzana clarify the distinction between claims of resulting trust and claims of constructive trust.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Litigation, Show notes, Suzana Popovic-Montag, Will Challenge litigation, hull and hull LLP, ian hull

Dealing with Estate Issues That Arise Immediately Upon Death - Hull on Estates #135

Posted on November 4, 2008 by Hull & Hull LLP

Listen to Dealing with Estate Issues That Arise Immediately Upon Death

This week on Hull on Estates, David Smith and Natalia Angelini talk about the duties an estate trustee he or she is charged with from the moment of a testator's passing. Duties include locating the will, making funeral arrangements and being responsible to see the intentions of the testator preserved.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, TOPICS, Estate & Trust, Executors and Trustees, Funeral Arrangements, Hull and Hull, Hull on Estates, Hull on Estates, Show notes, Wills, children, duties, estate, fiduciary accounting, guardianship, hull and hull LLP, pets, trustee

The Law as it Affects Older Adults - Hull on Estates #134

Posted on October 28, 2008 by Hull & Hull LLP

Listen to The Law as it Affects Older Adults

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss a recent consultation paper from the Law Commission of Ontario(LCO) titled: The Law as it Affects Older Adults. The LCO has initiated a project to develop a legal framework for the law as it affects older persons and will be essential in addressing the needs and experiences of this group.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, TOPICS, Elder Law, Hull on Estates, Hull on Estates, LCO, Law Commission of Ontario, Show notes, Suzana Popovic-Montag, ageism, elder abuse, ian hull, public policy

Will Challenge Litigation - Part 11 - Hull on Estate and Succession Planning #136

Posted on October 28, 2008 by Hull & Hull LLP

Listen to Will Challenge Litigation - Part 11

This week on Hull on Estate and Succession Planning, Ian and Suzana talk about the differences between quantum meruit and propriety estoppel. As with any add-on claims, the courts require solid corroboration. They also discuss claims of resulting trust and claims of constructive trust.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Litigation, Show notes, Suzana Popovic-Montag, Will Challenge, Will Challenges, constructive trust, estoppel, ian hull, meruit, propriety, quantum, resulting trusts

The Interrelationship Between a Guardian of Property and a Trustee Under a Testamentary Trust - Hull on Estates Podcast # 133

Posted on October 21, 2008 by Hull & Hull LLP

Listen to:

The Interrelationship Between a Guardian of Property and a Trustee Under a Testamentary Trust

This week on Hull on Estates, Rick Bickhram and David M. Smith discuss the complications that can arise when an incapable person is both the subject of a guardianship order and the beneficiary of a testamentary trust.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, TOPICS, Beneficiary Designations, Capacity, David M. Smith, Estate & Trust, Hull on Estates, Hull on Estates, Rick Bickhram, Show notes, beneficiary, guardianship, testamentary trust

Will Challenge Litigation - Part 10 - Hull on Estate and Succession Planning #135

Posted on October 21, 2008 by Hull & Hull LLP

Listen to Will Challenge Litigation - Part 10

This week on Hull on Estates, Ian and Suzana discuss extraneous claims that can arise during a will challenge. In particular, they talk about propriety estoppel and other situations where someone worked to their detriment in the context of an estate dispute. For these kinds of claims, you require solid corroboration. Next week, Ian and Suzana will address the differences between quantum meruit and proprietary estoppel.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, TOPICS, Estate & Trust, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Litigation, Proprietary Estoppel, Show notes, Suzana Popovic-Montag, Will Challenge, ian hull, meruit, quantum

Testamentary Capacity Issues - Hull on Estates #132

Posted on October 14, 2008 by Hull & Hull LLP

Listen to Testamentary Capacity Issues

This week on Hull on Estates, Paul Trudelle and Natalia Angelini discuss testamentary capacity issues as they arise in estate matters. Wills require the highest level of capacity and testators need to demonstrate that they are of a sound and disposing mind.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, TOPICS, Capacity, Hull on Estates, Hull on Estates, Natalia Angelini, Paul Trudelle, Show notes, Testamentary Capacity

Will Challenge Litigation - Part 9 - Hull on Estate and Succession Planning

Posted on October 14, 2008 by Hull & Hull LLP

Listen to Will Challenge Litigation - Part 9

This week on Hull on Estates, Ian and Suzana discuss other claims that can be made concurrent to a classic will challenge. In particular, they talk about quantum meruit claims and how these can be interpreted differently depending on the situation.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, TOPICS, Estate & Trust, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Litigation, Proprietary Estoppel, Show notes, Suzana Popovic-Montag, Will Challenge, ian hull, meruit, quantum

Piszczek v. Zurawska - Hull on Estates #131

Posted on October 7, 2008 by Hull & Hull LLP

Listen to Piszczek v. Zurawska

This week on Hull on Estates, Christopher Graham and Paul Trudelle discuss the recent decision in the case of Piszczek v. Zurawska that demonstrates the application of a resulting trust of joint accounts.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Joint Accounts, Litigation, Show notes, trusts and estates

Will Challenge Litigation - Part 8 - Hull on Estate and Succession Planning

Posted on October 7, 2008 by Hull & Hull LLP

Listen to Will Challenge Litigation - Part 8

This week on Hull on Estates, Ian and Suzana discuss corporate issues and implications during a will challenge. Issues of testamentary capacity and undue influence can become extremely complex questions to investigate in a corporate inquiry.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Litigation, Show notes, Suzana Popovic-Montag, Testamentary Capacity, Undue Influence, Will Challenge, corporations, ian hull

A Review of Dependant Support Claims - Hull on Estates #130

Posted on September 30, 2008 by Hull & Hull LLP

Listen to A Review of Dependant Support Claims

This week on Hull on Estates, David Smith and Jonathan Morse review some of the recent podcasts and hone in on some of the evidentiary requirements of a common-law spousal relationship as it relates to dependant support claims under the Succession Law Reform Act. They look at some recent case law and some of the requirements under the Ontario statute.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Common Law Spouses, Hull on Estates, Hull on Estates, Jonathan Morse, Show notes, Spousal Support, david smith, dependence relief claims, dependency, evidence, succession law reform act

Will Challenge Litigation - Part 7 - Hull on Estate and Succession Planning

Posted on September 30, 2008 by Hull & Hull LLP

Listen to Will Challenge Litigation - Part 7

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They discuss fraud as one of the most serious ways in which a will can be challenged. Evidential requirements are important when allegations of fraud or forgery are made. Handwriting analysis and other scientific means of determining the legitimacy of evidence can be employed to determine whether or not fraud has occurred. Ian and Suzana also talk about lack of proper execution being grounds to challenge a will.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Fraud, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Litigation, Show notes, Suzana Popovic-Montag, Will Challenge, execution of wills, forgery, ian hull, litigation avoidance, proper execution

Fiduciary Accounting - Hull on Estates #129

Posted on September 23, 2008 by Hull & Hull LLP

Listen to Fiduciary Accounting

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss fiduciary accounting. Who is a fiduciary and what is a fiduciary's duty to account? They cite several cases that illustrate fiduciary accounting rules:

Re Taerk, [1975] O.R. 482 (C.A.).
Re Silver Estate, (1999) 31 E.T.R. (2nd) 256.
Roger Estate v. Leung, [2001] O.J. No. 2171.
Fair v. Campbell Estate, 2002 3 E.T.R. 3rd 67, Langdon J.
Fareed v. Wood, 2005 WL 1460361 (Ont. S.C.J.).
McAllister Estate v. Hudgin, 2008 CanLII 42213 (ON S.C.)

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes, Suzana Popovic-Montag, allied professionals, duty to account, fiduciary accounting, ian hull, podcast

Will Challenge Litigation - Part 6 - Hull on Estate and Succession Planning

Posted on September 23, 2008 by Hull & Hull LLP

Or, listen to Will Challenge Litigation - Part 6 by clicking here.

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They pick up where they left off last week by addressing undue influence. What is undue influence and how do we prove it? Next week they will continue their discussion on the different grounds upon which a will can be challenged.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Fraud, Hull and Hull, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Show notes, Suzana Popovic-Montag, Undue Influence, Will Challenge, ian hull, will

Will Challenge Litigation - Part 5 - Hull on Estate and Succession Planning

Posted on September 16, 2008 by Hull & Hull LLP

Or, listen to the audio version of Will Challenge Litigation - Part 5

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They continue to discuss the process of will challenges in closer detail. What makes a good case? They talk about the five different grounds upon which a will can be challenged:

Lack of testamentary capacity
Existence of suspicious circumstances
Will not having been properly executed
Existence of undue influence
Possibility of fraud

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Challenge, Fraud, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Litigation, Show notes, Suspicious Circumstances, Suzana Popovic-Montag, Undue Influence, capacity, execution of wills, ian hull, podcast, video, will

Will Challenge Litigation - Part 4 - Hull on Estate and Succession Planning Video Podcast #129

Posted on September 10, 2008 by Hull & Hull LLP

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They continue to discuss the value of the discovery process and intense investigation. The goal is to get to the mediation process as soon as possible. New evidence may lead to the next stage: the pre-trial. Ian and Suzana talk about the pre-trial process and what you can expect during this stage.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Litigation, Show notes, Suzana Popovic-Montag, Will Challenge, ian hull, podcast, video

Variation of Trusts - Hull on Estates Podcast #127

Posted on September 9, 2008 by Hull & Hull LLP

Listen to Variation of Trusts

Craig Vander Zee and Bianca La Neve discuss variation of trusts, with an emphasis on the Variation of Trusts Act and approval of variations of trusts on behalf of minor, unascertained, unborn or contingent beneficiaries. The well-known case of R. v. Irving (1975), 11. O.R. (2d) 42 (H.C.) is discussed.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Bianca La Neve, Craig Vander Zee, Estate & Trust, Hull on Estates, Hull on Estates, Show notes, Variations of Trusts Act, beneficiary, minors

Will Challenge Litigation - Part 4 - Hull on Estate and Succession Planning

Posted on September 9, 2008 by Hull & Hull LLP

Listen to Will Challenge Litigation Part 4

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They continue to discuss the value of the discovery process and intense investigation. The goal is to get to the mediation process as soon as possible. New evidence may lead to the next stage: the pre-trial. Ian and Suzana talk about the pre-trial process and what you can expect during this stage.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Estate & Trust, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Litigation, Show notes, Suzana Popovic-Montag, Will Challenge, discovery, ian hull, pretrial

Tracking Down Heirs - Hull on Estates #126

Posted on September 2, 2008 by Hull & Hull LLP

Listen to Tracking Down Heirs

This week on Hull on Estates, Diane Vieira and Rick Bickhram discuss the issue of when an estate trustee is responsible to search for potential heirs to an estate.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Diane Vieira, Hull on Estates, Hull on Estates, Rick Bickhram, Show notes, Wills, estate administration, estate and trust, heirs, law podcast, trustee responsibilities

Will Challenge Litigation - Part 3 - Hull on Estate and Succession Planning

Posted on September 2, 2008 by Hull & Hull LLP

Listen to Will Challenge Litigation - Part 3

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They discuss what happens during the Discovery process and explore what Mediation is and how it works. Will challenge proceedings can benefit greatly from facilitation during the litigation process.

To see the video version of this podcast, you can also download it from iTunes or watch it on YouTube on the Hull and Hull channel: http://www.youtube.com/HullandHullLLP

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Litigation, Mediation, Show notes, Suzana Popovic-Montag, Will Challenge, Wills, discovery, ian hull

Estate Planning for the Newly Separated Spouse - Hull on Estates Podcast #125

Posted on August 26, 2008 by Hull & Hull LLP

Listen to Estate Planning for the Newly Separated Spouse

This week on Hull on Estates, Ian and Suzana bring us up to date on what has been happening at Hull and Hull over the summer. Jordan Atin appeared on Canada AM to talk about how to avoid The Family War. They have also added two books to their recommended reading list:

Duct Tape Marketing by John Jantsch

Endless Referrals by Bob Burg

Ian and Suzana then discuss issues to consider in estate planning for the newly separated spouse. They talk about the two different types of claims that can be made: Equalization and Claim for support.

A new Hull and Hull breakfast series will take place on Wednesday, October 8, 2008 and participants are encouraged to attend either via webcast or in person. You can also contact Hull and Hull by leaving a message or question with any of the following:

Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes, Suzana Popovic-Montag, estate planning, ian hull, jordan atin, newly separated, separated spouses

Will Challenge Litigation - Part 2 - Hull on Estate

Posted on August 26, 2008 by Hull & Hull LLP

Listen to Will Challenge Litigation - Part 2

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They cover how a comprehensive preliminary investigation can help litigation and discuss how a motion of claim is filed to set the stage to move forward with a trial.

Core documents that accompany these stages are:

Medical records
Solicitor's notes
Financial disclosure

The next stage is the discovery process and will be the topic that gets next week's podcast off to a start.

If you have any comments, send us an email at hullandhull@gmail.com or call us on the comment line at 206-457-1985 or leave a comment on our blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Estate & Trust, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Litigation, Show notes, Suzana Popovic-Montag, Wills, appointment, authority, claim, documentation, ian hull, motions

Will Challenge Litigation - Part 1 - Hull on Estate and Succession Planning

Posted on August 19, 2008 by Hull & Hull LLP

Listen to Will Challenge Litigation - Part 1

This week on Hull and Estates, Ian and Suzana kick off their new video format.This podcast is an audio version of the video podcast that is available on YouTube here: http://www.youtube.com/watch?v=udEcTpLFIkk

This week's episode also marks the beginning of a new segment that tackles Will Challenge Litigation step-by-step.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Litigation, Show notes, Will Challenge, checklist

Passing of Accounts and a Joint Retainer - Hull on Estates #124

Posted on August 19, 2008 by Hull & Hull LLP

Listen to Passing of Accounts and a Joint Retainer

This week on Hull on Estates, Craig Vander Zee and David Smith discuss conflicts of interest during Passing of Accounts trials and rules of professional conduct.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Joint Accounts, Passing of Accounts, Show notes, conflict of interest, joint retainer, professional conduct, settlements

Upcoming Continuing Legal Education Events

Posted on August 19, 2008 by Hull & Hull LLP

There are several interesting continuing legal education (CLE) events coming up in September and October 2008 that I wanted to mention as summer draws to a close and we look to the fall.

One is an Ontario Bar Association (OBA) full day program on September 23, 2008 commencing at 9:00 a.m. entitled “Trusts, Trustees, Trusteeships III – All you need to know and more”. This is the third year that this program on Trusts is running. The use of Trusts and Trust drafting are said to be the primary focus of this year’s program.

Topics include: Valuation Issues and Discretionary Trusts, The Effect of Bankruptcy on Estate Planning, Testamentary Trust Planning, The Use of Trusts as a Will Substitute, Charitable Gifts made by a Trust, Trust Variations, Insurance Trusts and Declarations, Judicial Supervision of the Exercise of Trustee Discretionary Powers and Trust Drafting.

Tags: Continuing Legal Education, Hull on Estates, Legal, Litigation, Trusts, Wills, continuing, education

The Golubchuk Case and the Health Care Consent Act - Hull on Estates #123

Posted on August 12, 2008 by Hull & Hull LLP

Listen to the Health Care Consent Act.

This week on Hull on Estates, Megan Connolly and Sean Graham review the Golubchuk case out of Manitoba and discuss the Health Care Consent Act of Ontario.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Deductions from Compensation - Hull on Estates and Succession Planning Podcast #125

Posted on August 12, 2008 by Hull & Hull LLP

Listen to Deductions from Compensation.

This week on Hull on Estates and Succession Planning, Ian and Suzana finish up the discussion on the question of accounting by reviewing deductions from compensation and briefly sum up the procedure of the passing of accounts.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

Calculating Compensation - Hull on Estate and Succession Planning #124

Posted on August 5, 2008 by Hull & Hull LLP

Listen to Calculating Compensation

This week, Ian and Suzana discuss the number of emails they received last week about cross-reference analysis and compensation. Ian references 5 cases that are important to this subject:

1. Logan vs Laing - Ontario Court of Appeal
2. Toronto Railway Trust
3. Re. Knoch (1982)
4. George William Trust
5. Re. Jeffrey

They explain and continue talking about calculating compensation and how to audit the claim for compensation.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates and Succession Planning, Show notes, analysis, checklist, compensation claims, cross-reference

Settlement Issues - Hull on Estates #122

Posted on August 5, 2008 by Hull & Hull LLP

Listen to Settlement Issues

This week on Hull on Estates, Paul Trudelle and Christopher Graham talk about settlement issues - considerations that you have to take into account and the potential implications of not settling.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Probate, Show notes, settlement, settlement of claims, settlements

The Absentee Act - Hull on Estates #121

Posted on July 30, 2008 by Hull & Hull LLP

Listen to The Absentee Act

This week on Hull on Estates, Christopher Graham and David Smith talk about The Absentee Act and some of the different scenarios that it applies to.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, Hull on Estates, Hull on Estates, The Absentee Act, absentees, disappeared, guardian, ontario, proof

The Question of Compensation and Complaints - Hull on Estate and Succession Planning Podcast #123

Posted on July 29, 2008 by Hull & Hull LLP

Listen to The Question of Compensation and Complaints.

This week on Hull on Estates and Succession Planning, Ian and Suzana discuss the question of compensation and complaints regarding compensation.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

Developments in Will Changes - Hull on Estates #120

Posted on July 22, 2008 by Hull & Hull LLP

Listen to Developments in Will Changes.

This week on Hull on Estates, Ian and Suzana discuss developments in will changes. They reference cases from Key Developments in Estates and Trusts Law in Ontario ed. 2008.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Cases for Increasing and Decreasing Compensation - Hull on Estates and Succession Planning podcast #122

Posted on July 22, 2008 by Hull & Hull LLP

Listen to Cases for Increasing and Decreasing Compensation.

This week on Hull on Estates and Succession Planning, Ian and Suzana discuss cases for increasing and decreasing compensation.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

Accounting Concepts and Definitions - Hull on Estate and Succession Planning #121

Posted on July 16, 2008 by Hull & Hull LLP

Listen to Accounting Concepts and Definitions

This week on Hull on Estate and Succession Planning, Ian and Suzana talk about accounting concepts and definitions after receiving requests from listeners to outline a more general framework for estate administration.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes, Trusts, Wills, accounting concepts, assets, capital disbursements, capital receipts, definitions, liquidity, prior accounts, revenue receipts

Strategies to Prevent Estate Litigation - Hull on Estates #119

Posted on July 15, 2008 by Hull & Hull LLP

Listen to Strategies to Prevent Estate Litigation

This week on Hull on Estates, Natalia Angelini and Rick Bickhram discuss tools and strategies to prevent estate litigation.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes, estate, gifting assets, mental assessment, protective clauses, the family war, video, will planning

Investment Account Issues and Considerations

Posted on July 8, 2008 by Hull & Hull LLP

Listen to Investment Account Issues and Considerations

This week on Hull on Estate and Succession Planning, Ian and Suzana talk about how good trustees deal with accounting issues in volatile markets and other investment considerations.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Investment Accounts, Show notes, market considerations, mortgage, speculation

Declarations of Death Act - Hull on Estates Podcast #118

Posted on July 7, 2008 by Hull & Hull LLP

Listen to Declarations of Death Act

This week on Hull on Estates, Sean Graham and Rick Bickhram talk about the Declarations of Death Act. They discuss what happens when a person goes missing from a jurisdiction and some possible remedies.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Show notes, Spousal Support, circumstances of peril, death act, declaration, declarations of death act, family claim

Dependant Relief and the Succession Law Reform Act - Hull on Estates #117

Posted on July 1, 2008 by Hull & Hull LLP

Listen to Dependant Relief.

This week on Hull on Estates, Natalia Angelini and Craig Vander Zee discuss dependant relief and reference a variety of cases that utilized the Succession Law Reform Act.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, Common-Law, Court of Appeal, Cummings and Cummings, Hull on Estates, RRSPs, SLRA, Wills, Wills Variation Act, claims, condominium, death, dependant, end test, lump-sum, matrimonial home, needs based decision, succession law reform act, the family cottage

Delegation in Investment Accounts - Hull on Estate and Succession Planning Podcast #119

Posted on July 1, 2008 by Hull & Hull LLP

Listen to Delegation in Investment Accounts

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss delegation issues that arise when dealing with Investment Accounts and address a listeners question about the family cottage.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

The Investment Accounts - Hull on Estates and Succession Planning Podcast #118

Posted on June 24, 2008 by Hull & Hull LLP

Listen to The Investment Accounts.

This week on Hull on Estates and Succession Planning, Ian and Suzana conduct a quick lesson on capital encroachment and discuss the role of investment accounts in the passing of accounts.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

Compensation for Work Done by Estate Trustees and Solicitors - Hull on Estates #116

Posted on June 24, 2008 by Hull & Hull LLP

Listen to Compensation for work done by estate trustees and solicitors.

This week on Hull on Estates, Paul Trudelle and Diane Vieira discuss compensation for work done by estate trustees and estate solicitors.

Case citation:

Rooney Estate v. Stewart Estate 2007 WL3019262 (Ont. S.C.J.), 2007 CarswellOnt 650

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, Beneficiaries, Compensation, Courts, Hull on Estates, Passing of Accounts, accounts, asset, debt, duties, estate law, hull and hull LLP, law blog, legal fees, release, solicitor, trustee, will, work done

The Capital Account - Hull on Estate and Succession Planning #117

Posted on June 17, 2008 by Hull & Hull LLP

Listen to The Capital Account

This week on Hull on Estate and Succession Planning, Ian and Suzana talk about taking capital out of an account and what to consider along the way.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, GICs, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes, capital disbursements, duplication of charges, investment, loans, professional fees, promissory notes, unusual entries

Becoming an Executor after Death - Hull on Estates #115

Posted on June 17, 2008 by Hull & Hull LLP

Listen to becoming an executor after death.

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag, discuss becoming an executor after death and three issues that must be addressed immediately.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Tags: PODCASTS / AUDIO, Hull on Estates, Probate, banks, control and custody, cremation, death certificate, fiduciary interest, insurance, insurance companies, inventory, morbidity, of the body, organ donor, personal interest, physical issues, spouse, transplant, trustee

Same-Sex Marriages and their Impact on Estate Law and Administration - Hull on Estates #114

Posted on June 12, 2008 by Hull & Hull LLP

Listen to Same-Sex Marriages and their Impact on Estate Law and Administration.

This week on Hull and Estates, Rick Bickhram and David Smith discuss how changes in the definition of marriage have impacted Estate Law and Estate Administration.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog. Continue Reading...

Tags: PODCASTS / AUDIO, Common-Law, Court of Appeal, FLA, Hull on Estates, SLRA, dependent, discrimination, entitlement, federal, intestacy, legislation, marriage, remedy, revocable, same-sex marriage, spouse, support claims

Dealing with Estate Planning - Hull on Estates and Succession Planning Podcast #116

Posted on June 10, 2008 by Hull & Hull LLP

Listen to Dealing with Estate Planning

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss dealing with estate planning and encouraging everyone to draw up a will.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog. Continue Reading...

Tags: PODCASTS / AUDIO, Beneficiaries, Hull on Estate and Succession Planning, Power of Attorney, Wills, audit checklist, capital encroachment, distribution, feduciarytrust.ca, gift over, life tenant, perfect accounts, procrastination, stalling, superstition, time management

OBA Trusts and Estates Section Executive

Posted on June 10, 2008 by Hull & Hull LLP

In yesterday’s blog, I mentioned that the election of the Ontario Bar Association (OBA), Trusts and Estates Section Executive for the year 2008-2009 was confirmed at the Sections’ year end dinner on May 27, 2008.

Kimberly Whaley is the incoming Chair of the Executive with Suzana Popovic-Montag as Vice-Chair. The balance of the slate is as follows:

Past-Chair: Jordan Atin
Secretary: Craig Vander Zee

Members-at-Large: Ann Elise Alexander, Robert Coates, Vincent De Angelis, Shael Eisen, Ed Esposto, Jan Goddard, Eric Hoffstein, Danielle Joel, Sean Lawler, Mitchell Leitman, Helena Likwornik, Jane Martin, Joanna Ringrose, Liza Sheard, Susan Stamm, Dina Stigas, Sender Tator, Mary Wahbi, Laura West and Melanie Yach.

I look forward to again working on the Executive and having a successful year.

Before turning the page on this past year, though, I would like to sincerely thank Jordan Atin for all of his efforts, hard work and counsel as the Chair of the Executive.

Have a nice day.

Craig

Tags: Hull on Estates, Litigation, Trust, blogs, estates

Capital Disbursement - Hull on Esate and Succession Planning #115

Posted on June 3, 2008 by Hull & Hull LLP

Listen to Capital Disbursement

This week on Hull on Estate and Succession Planning, Ian and Suzana follow up with their discussion on passing accounts. They focus on obstacles that often get in the way of smooth transactions particularly capital disbursement and encroaching on captial.

In response to the inquiries they received by email for more information on a precedent that people can look at, they suggest listeners go to the Hull and Hull News and Events section to look at their version of a white paper on this topic. You can link to it here.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog. Continue Reading...

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes, accounts, capital, captial disbursement, subsequent

Accounting Under the Powers of Attorney - Hull on Estates #113

Posted on June 3, 2008 by Hull & Hull LLP

Listen to Accounting Under the Powers of Attorney

This week on Hull on Estates, Diane and Paul discuss accounting under the powers or attorney, the duty to account after the guarantor has passed away and the De Zorzi Estate v. Read case (2008, O.J. No. 944).

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog. Continue Reading...

Tags: PODCASTS / AUDIO, Beneficiaries, Disclosure, Hull on Estates, Justice Herman, Kim Whaley, Passing of Accounts, Power of Attorney, Stickles Estate v. Fuller, creditor, de Zorzi Estate v. Read, deadbeat, death, financial records, guarantor, judgment, obligation to account, section 42

Keeping Good Records - Hull on Estate and Succession Planning Podcast #114

Posted on May 27, 2008 by Hull & Hull LLP

Listen to Keeping Good Records

This week on Hull on Estate and Succession Planning, Ian and Suzana talk about the importance of keeping good records in order to account for your conduct financially.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog. Continue Reading...

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Show notes, Trusts, Wills, capital receipts, court format accounts, cross-reference, financial exploitation, records

Lost Wills - Hull on Estates Podcast #112

Posted on May 27, 2008 by Hull & Hull LLP

Listen to Lost Wills

This week on Hull on Estates, Paul Trudelle and Megan Connolly talk about the issues surrounding lost wills.

Comments? Send us an email at hull.lawyers@gmail.com or leave us a message on our comment line at 206-350-6636. You can also leave a comment on our blog at estatelaw.hullandhull.com
Continue Reading...

Tags: PODCASTS / AUDIO, Hull on Estates, Hull on Estates, Show notes, Wills, estate administration, intestacy, lost wills

Evidence issues in estates when a main party is deceased - Hull on Estates #111

Posted on May 20, 2008 by Hull & Hull LLP

Listen to evidence issues in estates when a main party is deceased.

This week on Hull on Estates, Rick and Sean discuss evidence issues in estate matters when a main party is deceased. They reference "Burns Estate and Mellon"; a 2000 Court of Appeal Case cited in 34 Estates and Trusts Reports, 2nd Edition, p.175.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.
Continue Reading...

Tags: PODCASTS / AUDIO, Hull on Estates, Litigation, assumption, balance of probibilities, circumstances, civil standard, claim, corroborative evidence, credibility, cummulative, evidence, heresay, public policy

The Formal Passing of Accounts - Hull on Estate and Succession Planning Podcast #113

Posted on May 20, 2008 by Hull & Hull LLP

Listen to The Formal Passing of Accounts.

This week on Hull on Estate and Succession Planning, Ian and Suzana talk about the specifics of what happens when you have to go to court to formally pass accounts.

Comments? Send us and email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog. Continue Reading...

Tags: PODCASTS / AUDIO, Hull on Estate and Succession Planning, Passing of Accounts, Social Media, Suzana Popovic-Montag, affidavit of verification, assets, court audits, dependents, estate law, ian hull, interests, legal fees, minors, reading lists, social media marketing

Accounting - Hull on Estate and Succession Planning #112

Posted on May 13, 2008 by Hull & Hull LLP

Listen to Accounting

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss how to prepare for review by the beneficiaries of the estate by keeping all accounts in order.

To open this week's show, they remind listeners that they did this week's episode of Hull on Estates (#110). They also extend their congratulations to Terry Fallis for winning the Stephen Leacock Medal for his book, The Best Laid Plans.

If you have any comments that you would like to share, send us an email at hullandhull@gmail.com or leave us a message on our comment line: 206-457-1985. You can also find our blog at hullandhull.com. Continue Reading...

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Beneficiaries, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Passing of Accounts, Show notes, accounting, accounts, estate administration, records, releases

Talking About Wealth and Personal Finance - Hull on Estates #110

Posted on May 13, 2008 by Hull & Hull LLP

Listen to Talking About Wealth and Personal Finance.

This week on Hull on Estates Suzanna and Ian review the pullout in March 18th's New York Times and talk about the importance of dialog before and after death.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

Continue Reading...

Passing of Accounts - Hull on Estates Podcast #109

Posted on May 6, 2008 by Hull & Hull LLP

Listen to Passing of Accounts

This week on Hull on Estates, Diane Vieira and Craig Vander Zee talk about how to avoid conflict during the passing of accounts.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636 or visit our blog at http://estatelaw.hullandhull.com.

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estates, Hull on Estates, Passing of Accounts, Show notes, conflict, conflict of interest, contested passing

Appointing a Guardian - Hull on Estate and Succession Planning Podcast #111

Posted on May 6, 2008 by Hull & Hull LLP

Listen to Appointing a Guardian

This week on Hull on Estate and Succession Planning, Ian and Suzana talk about appointing a guardian for your children. They also discuss Ian's appearance on BNN's Strictly Legal with Michael Cochrane.

If this link does not work in your browser, please copy and paste the following into the address bar:

http://broadband.bnn.ca/bnn/?vid=20002

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985 or visit the blog at http://estatelaw.hullandhull.com/

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, appointing guardians, emotions, guardian, guardianship, strictly legal

Dependency and Undue Influence - Hull on Estates #108

Posted on April 29, 2008 by Hull & Hull LLP

Listen to Dependency and Undue Influence

This week on Hull on Estates, Diane Vieira and Paul Trudelle discuss dependency and undue influence in the case of Bale vs. Bale. This topic is also discussed by Paul Trudelle in his blog post:

If the link does not work, cut and paste the following URL into your browser:

http://estatelaw.hullandhull.com/2008/04/articles/topics/estate-trust/dependency-and-undue-influence/ Continue Reading...

Tags: PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Bale vs. Bale, Estate & Trust, Ethical Issues, Hull on Estates, Hull on Estates, Undue Influence, capacity, dependency, elder

Issues in Estate Administration: Tax Filing - Hull on Estate and Succession Planning Podcast #110

Posted on April 29, 2008 by Hull & Hull LLP

Listen to Issues in Estate Administration: Tax Filing.

This week on Hull on Es