Estate Planning and Assisted Human Reproduction - Hull on Estates #220

Listen to: Estate Planning and Assisted Human Reproduction

This week on Hull on Estates, Kathryn Pilkington and Paul Trudelle discuss an article written by Clare Burns, with assistance from Anastasija Sumakova,  entitled "Mission Impossible: Estate Planning and Assisted Human Reproduction", and the numerous estate planning issues that arise from assisted human reproduction.

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

Paul E. Trudelle - Click here for more information on Paul Trudelle.

Kathryn Pilkington – Click here for more information on Kathryn Pilkington.
 

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Estate Administration - Part 2 - Hull on Estates and Succession Planning #211

Listen to: Estate Administration - Part 2

 

This week on Hull on Estates and Succession Planning, Ian and Suzana continue their discussion on estate administration. Specifically, they examine what would happen if one did not have an affidavit of execution during an estate administration.   
 

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

Ian M. Hull – Click here for more information on Ian Hull.
 

Suzana Popovic-Montag – Click here for more information on Suzana Popovic-Montag.

 

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Estate Distribution - Hull on Estates #219

Listen to: Estate Distribution

This week on Hull on Estates, Suzana Popovic-Montag and Ian Hull discuss how estates are distributed and what the priorities in estate distribution are.
 

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

Suzana Popovic-Montag – Click here for more information on Suzana Popvic-Montag.

Ian M. Hull – Click here for more information on Ian Hull.
 

 

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Fundamentals of Estate Administration - Hull on Estates and Succession Planning #210

Listen to: Fundamentals of Estate Administration

 

This week on Hull on Estates and Succession Planning Ian Hull and Suzana Popovic-Montag discuss the process of personal estate administration and what to expect.

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

 Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

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Morgan (Estate) v. Morgan, 2010 BCCA 299 - Hull on Estates #218

Listen to: Morgan (Estate) v. Morgan, 2010 BCCA 299

This week on Hull on Estates, Paul Trudelle and Rick Bickhram discuss the case of Morgan (Estate) v. Morgan out of the British Columbia Court of Appeal. The issues examined are timing, fulfillment of conditions under court orders and how this case is relevant to others in similar situations.
 

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

Paul E. Trudelle – Click here for more information on Paul Trudelle.
 

Rick Bickhram – Click here for more information on Rick Bickhram.
 

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Interpreting Ambiguity in a Will or Trust - Hull on Estate and Succession Planning #208

Listen to: Interpreting Ambiguity in a Will or Trust

 

This week on Hull on Estate and Succession Planning, Ian continues his discussion on what happens when words in a will are not clear and explains the various methods that can be used to seek interpretation.

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

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

 

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Preservation of Rights in Pending Litigation - Hull on Estates #217

Listen to: Preservation of Rights in Pending Litigation

This week on Hull on Estates, David Smith and Rick Bickhram discuss rules 40 through 45 of the rules of Civil Procedures, which deal with the preservation of rights in pending litigation and the nature of these remedies in the estates context.

If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
David M. Smith: Click here for more information on David M. Smith.

Rick Bickhram: Click here for more information on Rick Bickhram.

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How to Pursue Recovery - Hull on Estates #216

Listen to: How to Pursue Recovery

This week on Hull on Estates Chris Graham and Natalia Angelini discuss how to pursue recovery when one thinks that a trustee or fiduciary has absconded with funds.

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

Chris M.B. Graham - Click here for more information on Chris Graham.

Natalia R. Angelini - Click here for more information on Natalia Angelini.

 

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Examining Litigation in Ontario - Part 2 - Hull on Estate and Succession Planning #207

Listen to: Examining Litigation in Ontario – Part 2

This week on Hull on Estates and Succession Planning, Ian and Suzana focus on Will challenges. More specifically, what a lawsuit or litigation would be like if those involved resided outside of Ontario. Issues examined include when more than one Will is left such as a primary and secondary Wills, what happens when someone gets married, summary judgments and costs.

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

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

 

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Orders Giving Directions in the Context of a Will Challenge - Hull on Estates Episode #215

Listen to: Orders Giving Directions in the Context of a Will Challenge

This week on Hull on Estates, Craig Vander Zee and Nadia Harasymowycz discuss orders giving directions in the context of a will challenge. A will challenge offers an opportunity at the beginning of a case to assemble the evidence and consider how it will be dealt with going forward. Things to consider include:
 

• Is mediation required?
• What evidence is known?
• What evidence needs to be obtained?
• How is that all going to happen?
 

There are also factors to be considered at the beginning such as projected costs and the value of the estate either known to be or thought to be.
 

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

Craig R. Vander Zee - Click here for more information on Craig Vander Zee.

Nadia M. Harasymowycz - Click here for more information on Nadia Harasymowycz.
 

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Hull on Estates and Succession Planning #206 - Examining Litigation in Ontario

 

Listen to: Examining Legislation in Ontario

This week on Hull on Estates and Succession Planning, Ian and Suzana talk about what a lawsuit or litigation would be like if those involved resided outside of Ontario. Issues discussed include knowing what to expect, what the system is about and how it works.
 

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

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

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Intensive Wills and Estates Workshop Hull on Estates #213

Listen to: Intensive Wills and Estates Workshop

This week on Hull on Estates, Natalia Angelini and Rick Bickhram discuss the Intensive Wills and Estates Workshop that recently took place at Osgoode Hall Law School. The three day workshop covered an array of will and estates matters, including questions that will be asked during an initial meeting to gather necessary information to start preparing a will.
 

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

Natalia R. Angelini – Click here for more information on Natalia Angelini.

Rick Bickhram - Click here for more information on Rick Bickhram.

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Observations Pertaining to Estates and Trusts Law - Hull on Estates #212

Listen to: Observations Pertaining to Estates and Trusts Law

This week David Smith and Nadia Harasymowycz discuss Observations Pertaining to Estates and Trusts Law.

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

David M. Smith - Click here for more information on David Smith.

Nadia M. Harasymowycz - Click here for more information on Nadia Harasymowycz.

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Settlement and the ADR Process - Part 2 - Hull on Estates and Succession Planning #205

Listen to:Settlement and the ADR Process-Part 2

This week on Hull on Estate and Succession Planning, Ian and Suzana continue the discussion on mediation, settlement and the ADR process. Topics discussed include: what is crucial to a case, good preparation, and the purpose of an open session.

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

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.
 

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Recap: OBA Trust and Estates Section - Hull on Estates #211

Listen to: Recap: OBA Trust and Estates Section - Hull on Estates #211


This week on Hull on Estates Craig Vander Zee and Chris Graham change the pace by recapping the OBA Trust and Estates Section, year end dinner that on June 1, 2010. Held in the distillery district, the evening was a tribute to those who had won awards and an opportunity to pay tribute to the Honourable Justice Cullity.


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


Craig R. Vander Zee – Click here for more information on Craig Vander Zee.


Christopher M.B. Graham – Click here for more information on Chris Graham.
 

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Settlement and the ADR Process - Hull on Estates and Succession Planning #204

Listen to: Settlement and the ADR Process

 

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss settlement and the ADR process. This topic was spurred after the ILCO Conference in Quebec City that Ian and Suzana co-presented at.
 

Also, Suzana announced that a “Best Of” CD is available. This CD is a compilation of all the “best” podcasts over the past year. To get a copy of the CD email Suzana with your contact information at: spopovic@hullandhull.com.
 

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

Ian M. Hull - Click here to learn more about Ian Hull.

Suzana Popovic-Montag - Click here to learn more about Suzana Popovic-Montag.

Solicitors Duty of Care -Hull on Estates #210

Listen to: Solicitors Duty of Care

This week on Hull on Estates Paul Trudelle and Nadia Harasymowycz discuss a recent decision out of the Ontario Superior Court of Justice and the Honourable Justice Newbould. This decision deals with the issues of powers of attorney and the role of a solicitor in drafting the power of attorney and the obligations and duties that the solicitor may have due to others.
 

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

Paul E. Trudelle – Click here for more information on Paul Trudelle.

Nadia M. Harasymowycz – Click here for more information on Nadia Harasymowycz.

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Assisted Suicide - Hull on Estates #209

Listen to: Assisted Suicide – Hull on Estates #209

This week on Hull on Estates, Natalia Angelini and Kathryn Pilkington discuss the fairly controversial subject of assisted suicide and how it affects us from an estate standpoint.

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

Natalia R. Angelini – Click here for more information on  Natalia Angelini.

Kathryn Pilkington – Click here for more information on Kathryn Pilkington.

 

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Rule of Pecore -Hull on Estates #208

Listen to:Rule of Pecore -Hull on Estates #208

 This week on Hull on Estates, Chris Graham and David Smith revisit the decision of the Supreme Court of Canada and Pecore. This case considered the approach taken by Pecore.
 

The following issues are examined:
•    Applying the presumption of resulting trusts to various fact scenarios.
•    Evidence required to rebut the presumption for different classes of assets.
•    Types of corroboration permissible under the Evidence Act to rebut the presumption.
 

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

Christopher M.B. Graham – Click here for more information on Chris Graham.

David M. Smith – Click here for more information on David Smith.
 

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21 Year Rule - Hull on Estates and Succession Planning - #203

Listen to: 21 Year Rule – Hull on Estates and Succession Planning - #203

This week on Hull on Estates and Succession Planning Ian continues the discussion surrounding different issues trust arrangements can bring about and solutions to these issues. The specific issue discussed in this episode is the 21 Year Rule. Ian discusses how it creates problems and possible solutions to look to.
 

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

Ian M. Hull - Click here for more information on Ian Hull.
 

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Proprietary Estoppel - Hull on Estates #207

Listen to: Proprietary Estoppel – Hull on Estates #207

This week on Hull on Estate Rick Bickhram and Nadia Harasymowycz discuss proprietary estoppel, what it is and the three specific elements that are necessary to establish proprietary estoppel. For more information on proprietary estoppel, please check out an article written by Suzana Popovic-Montag in the latest edition of The Probater.

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

 
Rick Bickhram - Click here for more information on Rick Bickhram.


Nadia M. Harasymowycz- Click here for more information on Nadia Harasymowycz.

 

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Avoiding Trust Issues - Hull on Estates and Succession Planning #202

Listen to: Avoiding Trust Issues - Hull on Estates and Succession Planning #202

This week on Hull on Estate and Succession Planning, Ian discusses ways to avoid the trouble a trust creates by using insurance products.

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

Ian M. Hull - Click here for more information on Ian Hull.

 

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Rules - Hull on Estates #206

Listen to: Rules – Hull on Estates #206

This week on Hull on Estates, Sharon Davis and Craig Vander Zee discuss two rules which arise when a trustee mixes trust funds with personal assets and when a trustee mixes assets from one trust with one or more trusts. These rules are called the rule in Re Hallets’s Estate and the rule in Clayton’s Case.

As discussed in the podcast, more information on these rules can be found in book “The law of trusts: a Contextual Approach”  By Mark R. Gillen and Faye Woodman.

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

Sharon Davis - Click here for more information on Sharon Davis.

Craig R. Vander Zee - Click here for more information on Craig Vander Zee.

 

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Tax Planning - Hull on Estates and Succession Planning # 201

Listen to: Tax Planning – Hull on Estates and Succession Planning # 201

This week on Hull on Estate and Succession Planning, Ian discusses tax planning and how tax issues are connected to estate planning. Ian focuses on four main issues of Canadian domestic tax planning. These issues are:


1.    Capital gains tax in Ontario and Canada
2.    The use of an estate freeze as a domestic tax planning tool
3.    Dealing with tax planning the context of an estate or the sale of a business
4.    Family succession generally
 

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

Ian M. Hull - Click here for more information on Ian Hull.

 

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Dinner with the Honorable Estates List Judges- Hull on Estates #205

Listen to: Dinner with the Honorable Estates List Judges- Hull on Estates #205

 

This week on Hull on Estates Paul Trudelle and Natalia Angelini discuss their attendance at the Dinner with the Honorable Estates List Judges hosted by the OBA on Tuesday, April 27, 2010.
 

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

Paul E. Trudelle - Click here for more information on Paul Trudelle.

Natalia R. Angelini - Click here for more information on Natalia Angelini.

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Planned Giving - Part 6 - Hull on Estate and Succession Planning #200

Listen to: Planned Giving – Part 6 – Hull on Estate and Succession Planning #200

This week on Hull on Estates Ian and Suzana continue their discussion on planned and charitable giving. Key quotes mentioned are from the book “The Art of Giving: Where the Soul Meets the Business Plan” by Charles Bronfman and Jeffrey Solomon.


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

Ian M. Hull -Click here for more information on Ian Hull

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag

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Planned Giving - Part 5 - Hull on Estate and Succession Planning #199

Listen to:  Planned Giving - Part 5 - Hull on Estate and Succession Planning #199

This week on Hull on Estate and Succession Planning, Ian and Suzana continue the discussion from last week on the importance of planned and charitable giving with a focus on the book “The Art of Giving Where the Soul Meets a Business Plan” by Charles Bronfman and Jeffrey Solomon.

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

 

Ian M. Hull -Click here for more information on Ian Hull

 

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag

 

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Bequests to Minors - Hull on Estates #204

Listen to: Bequests to Minors – Hull on Estates #204  

This week on Hull on Estates, Nadia Harasymowycz and Paul Trudelle discuss bequests to minors and how a state trustee can deal with any issues that may arise. 

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

Nadia M. Harasymowycz  Click here for more information on Nadia Harasymowycz.

 

Paul E. Trudelle Click here for more information on Paul Trudelle.

 

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Trustee Liability - Part 2 - Hull on Estates #203

Listen to: Trustee Liability - Part 2 - Hull on Estates #203

This week on Hull on Estates, Bianca La Neve and Craig Vander Zee continue their discussion on ways to protect a Trustee from liability, particularly discussing the removal and/or replacement of a Trustee.

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

Bianca V. La Neve - Click here for more information on Bianca La Neve.

Craig R. Vander Zee - Click here for more information on Craig Vander Zee.

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Trustee Liability - Hull on Estates #202

Listen to: Trustee Liability - Hull on Estates #202

This week on Hull on Estates, Bianca La Neve and Craig Vander Zee discuss ways to protect a Trustee from liability.

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

Bianca V. La Neve - Click here for more information on Bianca La Neve.

Craig R. Vander Zee - Click here for more information on Craig Vander Zee.

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Planned Giving - Part 4 - Hull on Estates and Succession Planning #198

Listen to: Planned Giving - Part 4 - Hull on Estate and Succession Planning #198

This week on Hull on Estate and Succession Planning, Ian Hull continues his discussion on charitable remainder trusts.

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

Ian M. Hull - Click here for more information on Ian Hull.

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Capacity Litigation - Hull on Estates #201

Listen to: Capacity Litigation - Hull on Estates #201

This week on Hull on Estates, Sharon Davis and Chris Graham discuss some recent capacity litigation cases.

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

Sharon Davis - Click here for more information on Sharon Davis.

Christopher M.B. Graham - Click here for more information on Chris Graham.

 

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Planned Giving - Part 3 - Hull on Estates and Succession Planning #197

Listen to: Planned Giving - Part 3 - Hull on Estate and Succession Planning #197

This week on Hull on Estate and Succession Planning, Ian Hull discusses the importance of charitable giving.

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

Ian M. Hull - Click here for more information on Ian Hull.

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Estate Trustee Appointment - Hull on Estates #200

Listen to: Estate Trustee Appointment - Hull on Estates #200

This week on Hull on Estates, Natalia Angelini and Paul Trudelle discuss conflicting applications to apply for an appointment as Estate Trustee without a Will.

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

Natalia R. Angelini - Click here for more information on Natialia Angelini.

Paul E. Trudelle - Click here for more information on Paul Trudelle.

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Planned Giving - Part 2 - Hull on Estates and Succession Planning #196

Listen to: Planned Giving - Part 2 - Hull on Estates and Succession Planning #196

This week on Hull on Estates and Succession Planning, Ian Hull continues his discussion from last week on Planned Giving.

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

Ian M. Hull - Click here for more information on Ian Hull.

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Planned Giving - Part 1 - Hull on Estates and Succession Planning #195

Listen to: Planned Giving - Part 1 - Hull on Estates and Succession Planning #195

This week on Hull on Estates and Succession Planning, Ian talks about the new series he and Suzana will be starting on the podcast: planned giving.

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

Ian M. Hull - Click here for more information on Ian Hull.

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Sibling Rivalry - Hull on Estates #199

Listen to: Sibling Rivalry - Hull on Estates #199

This week on Hull on Estates, Sharon Davis and David Smith discuss sibling rivalry.

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

Sharon Davis - Click here for more information on Sharon Davis.

David M. Smith - Click here for more information on David Smith.

 

 

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Guardianship Applications - Hull on Estate and Succession Planning #194

Listen to: Guardianship Applications - Hull on Estate and Succession Planning #194

This week on Hull on Estates and Succession Planning, Ian and Suzana talk about taking a non-contentious step toward obtaining a guardianship application. 

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

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

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Will Interpretation - Hull on Estates #198

Listen to: Will Interpretation - Hull on Estates #198

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss Will interpretation.

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

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

 

 

 

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Power of Attorney - Hull on Estates #197

Listen to: Power of Attorney - Hull on Estates #197

This week on Hull on Estates, Natalia Angelini and Nadia Harasymowycz discuss when Power of Attorney should be executed. 

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

Natalia R. Angelini - Click here for more information on Natalia Angelini.

Nadia M. Harasymowycz - Click here for more information on Nadia Harasymowycz.

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Limited Power of Attorney - Hull on Estates and Succession Planning #193

Listen to: Limited Power of Attorney - Hull on Estates and Succession Planning #193

This week on Hull on Estates and Succession Planning, Ian and Suzana discuss the issues with having a limited Power of Attorney or no Power of Attorney at all.

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

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

 

 

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Announcements - Hull on Estates and Succession Planning #192

Listen to: Announcements - Hull on Estates and Succession Planning #192

This week on Hull on Estates and Succession Planning, Ian and Suzana discuss Hull & Hull's most recent Breakfast Learning Series and the upcoming changes being made to the firms website. If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

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Civil Proceedings - Hull on Estates #196

Listen to: Civil Proceedings - Hull on Estates #196

This week on Hull on Estates, Paul Trudelle and Chris Graham discuss the amendments to civil procedure, effective January 1st, 2010.

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

Paul E. Trudelle - Click here for more information on Paul Trudelle.

Christopher M.B. Graham - Click here for more information on Chris Graham.

 

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Guardianship Applications - Hull on Estates #195

Listen to: Guardianship Applications - Hull on Estates #195

This week on Hull on Estates, Nadia Harasymowycz and Paul Trudelle discuss the costs involved in guardianship applications. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

Nadia M. Harasymowycz - Click here for more information on Nadia Harasymowycz.

Paul E. Trudelle - Click here for more information on Paul Trudelle.

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Evidence Primer - Hull on Estates #194

Listen to: Evidence Primer - Hull on Estates #194

This week on Hull on Estates, Bianca La Neve and David Smith discuss evidentiary issues particularly the admissibility of business records.

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

Bianca V. La Neve - Click here for more information on Bianca La Neve.

David Morgan Smith - Click here for more information on David Smith.

 

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New Year's Resolutions and Reviewing Estate Plans - Hull on Estates #193

Listen to: New Year's Resolutions and Reviewing Estate Plans - Hull on Estates #193

This week on Hull on Estates, Craig Vander Zee and Bianca La Neve discuss New Year's resolutions from a legal perspective and talk about reviewing estate plans.


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

Craig R. Vander Zee - Click here for more information on Craig Vander Zee.

Bianca V. La Neve - Click here for more information on Bianca La Neve.

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Power of Attorney - Part 7 - Hull on Estates and Succession Planning #191

Listen to: Power of Attorney - Part 7 - Hull on Estates and Succession Planning #191 

This week on Hull on Estates and Succession Planning, Ian and Suzana carry on their discussion regarding compensation for a power of Attorney.

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

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

Ian M. Hull - Click here for more information on Ian Hull.

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Insurance Policies - Hull on Estates #192

Listen to: Insurance Policies- Hull on Estates #192

This week on Hull on Estates, Rick Bickhram and Natalia Angelini discuss the estate of Michael Galliford Richardson, specifically in regard to insurance policies.

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

Rick Bickhram - Click here for more information on Rick Bickhram.

Natalia Angelini - Click here for more information on Natalia R. Angelini.
 

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HullandHull.com Wins an Award - Hull on Estates and Succession Planning #190

Listen to: HullandHull.com Wins an Award - Hull on Estates and Succession Planning #190 

This week on Hull on Estates and Succession Planning, Ian Hull and Suzana Popovic-Montag announce that HullandHull.com won an award for Best Multi-Media Website for Lawyers, awarded by the Canadian Bar Association magazine.

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

Ian M. Hull - Click here for more information about Ian Hull.

Suzana Popovic-Montag - Click here for more information about Suzana Popovic-Montag.

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Rodney Hull Q.C., LSM - Hull on Estates #191

Listen to: Rodney Hull Q.C., LSM - Hull on Estates #191

This week on Hull on Estates, Megan Connolly and Craig Vander Zee talk about the passing of Rodney Hull, founding partner of Hull & Hull LLP.

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

Megan F. Connolly - Click here for more information on Megan Connolly.

Craig R. Vander Zee - Click here for more information on Craig Vander Zee.

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Property Guardian Applications - Hull on Estates #190

Listen to:  Property Guardian Applications - Hull on Estates #190

This week on Hull on Estates, Craig Vander Zee and Natalia Angelini discuss property guardian applications.

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

Craig R. Vander Zee - Click here for more information on Craig Vander Zee.


Natalia R. Angelini - Click here for more information on Natalia Angelini.

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Emotional Estate Disputes - Hull on Estates and Succession Planning #189

Listen to: Emotional Estate Disputes - Hull on Estates and Succession Planning #189

This week on Hull on Estates and Succession Planning, Ian Hull and Suzana Popovic-Montag discuss emotional estate disputes amongst families.

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

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

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The Holiday Season - Hull on Estates and Succession Planning #188

Listen to:  The Holiday Season - Hull on Estates and Succession Planning #188

This week on Hull on Estates and Succession Planning, Ian Hull and Suzana Popovic-Montag address the issue of family discussions about succession planning as they arise during the holiday season.

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

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

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Dueling Power of Attorney - Hull on Estates #189

Listen to: Dueling Power of Attorney - Hull on Estates #189

This week on Hull on Estates, Sharon Davis and Natalia Angelini discuss dueling Power of Attorney based on a paper written by Jordon Atin.

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

Sharon Davis - Click here for more information on Sharon Davis.

Natalia R. Nagelini - Click here for more information on Natalia Angelini.
 

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Cost Decisions and Estate Litigation - Hull on Estates #188

Listen to:  Cost Decisions and Estate Litigation - Hull on Estates #188

This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss cost decisions and estate litigation.

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

David M. Smith - Click here for more information on David Smith.

Nadia M. Harasymowycz - Click here for more information on Nadia Harasymowycz.

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Power of Attorney - Part 6 - Hull on Estates and Succession Planning #187

Listen to: Power of Attorney - Part 6 - Hull on Estates and Succession Planning #187

This week on Hull on Estates and Succession Planning, Ian and Suzana discuss the importance of confidentiality when acting as Power of Attorney.


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

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

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Negligence Regarding Estates and Wills - Hull on Estates #187

Listen to: Negligence Regarding Estates and Wills - Hull on Estates #187

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss negligence in the area of solicitors working with estates and Wills.

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

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

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Power of Attorney - Part 5 - Hull on Estates and Succession Planning #186

Listen to: Power of Attorney - Part 5 - Hull on Estates and Succession Planning #186

This week on Hull on Estates and Succession Planning, Ian Hull and Suzana Popovic-Montag continue their conversation regarding compensation for attorneys and guardians of personal care.

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

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

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Terminology in Civil Proceedings - Hull on Estates #186

Listen to:  Terminology in Civil Proceedings - Hull on Estates #186

This week on Hull on Estates, Paul Trudelle and Christopher Graham discuss some of the words and terminology commonly used in civil proceedings.

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

Paul E. Trudelle - Click here for more information on Paul Trudelle.

Christopher M.B. Graham - Click here for more information on Chris Graham.

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Power of Attorney - Part 4 - Hull on Estates and Succession Planning #185

Listen to:  Power of Attorney - Part 4 - Hull on Estates and Succession Planning #185

This week on Hull on Estates and Succession Planning, Ian Hull discusses the difficult topic of arranging payment for the Power of Attorney.

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

Ian M. Hull - Click here for more information on Ian Hull.

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Power of Attorney - Part 3 - Hull on Estates and Succession Planning #184

 

Listen to: Power of Attorney - Part 3 - Hull on Estates and Succession Planning #184

This week on Hull on Estates and Succession Planning, Ian Hull focuses on the importance of capacity assessments.

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

Ian M. Hull - Click here for more information on Ian Hull.

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Unworthy to inherit - Hull on Estates #185

Listen to:  Unworthy to Inherit - Hull on Estates #185

This week on Hull on Estates, Bianca La Neve and Natalia Angelini discuss a recent application to declare a Beneficiary unworthy on inheriting an estate.

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

Bianca V. La Neve - Click here for more information on Bianca La Neve.

Natalia R. Angelini - Click here for more information on Natalia Angelini.

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Selecting an Estate Trustee - Hull on Estates #184

Listen to:  Selecting an Estate Trustee - Hull on Estates #184

This week on Hull on Estates, Paul Trudelle and Sarah Fitzpatrick discuss considerations relevant to the testator's selection of an Estate Trustee when preparing a Will.

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

Paul E. Trudelle - Click here for more information on Paul Trudelle.

Sarah Hyndman Fitzpatrick - Click here for more information on Sarah Fitzpatrick.

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Undue Influence - Hull on Estates #183

Listen to: Undue Influence - Hull on Estates #183

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag follow up a discussion about undue influence that took place at Hull & Hull’s Breakfast Series on Sept. 24th, 2009.

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

Ian M. Hull - Click here for more Information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

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Power of Attorney - Part 2 - Hull on Estates and Succession Planning #183

This week on Hull on Estates and Succession Planning, Ian Hull and Suzana Popovic-Montag discuss the basic principles when there is a dispute over power of attorney in a Will.

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

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

Power of Attorney - Part 1 - Hull on Estates and Succession Planning #182

Listen to: Power of Attorney - Part 1 - Hull on Estates and Succession Planning #182

This week on Hull on Estates and Succession Planning, Ian Hull and Suzana Popovic-Montag introduce their next mini-series which will discuss engaging with litigation regarding power of attorney.

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

Ian M. Hull - Click here for more information on Ian Hull.

Suzana Popovic-Montag - Click here for more information on Suzana Popovic-Montag.

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Contempt Motions - Hull on Estates #181

Listen to: Contempt Motions - Hull on Estates #181

This week on Hull on Estates, Sharon Davis and Craig Vander Zee discuss contempt motions, specifically in relation to the passing of accounts.

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

Sharon Davis - Click here for more information on Sharon Davis.

Craig Vander Zee - Click here for more information on Craig Vander Zee.

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Will Clauses - Hull on Estates #180

Listen to:  Will Clauses - Hull on Estates #180

This week Bianca La Neve and Sarah Fitzpatrick discuss lesser known Will clauses to consider when preparing a Will.

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

Sarah  Hyndman Fitzpatrick - Click here for more information on Sarah Fitzpatrick.

Bianca V. La Neve - Click here for more information on Bianca La Neve.

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Disabled Beneficiaries - Hull on Estates and Succession Planning - #181

Listen to: Disabled Beneficiaries - Hull on Estates and Succession Planning #181


This week on Hull on Estates and Succession Planning, Paul Trudelle and Jordin Atin discuss the considerations that must be taken into account with disabled beneficiaries.

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

Paul Trudelle - Click here for more information on Paul Trudelle.

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Asset Management - Hull on Estates #179

Listen to:  Asset Management - Hull on Estates #179

This week on Hull on Estates, David Smith and Christopher Graham discuss the general principles of asset management for various types of fiduciaries.

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

 

 
 

 

 

 

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The Emotional Value of Assets - Hull on Estates and Succession Planning #180

 

Listen to: The Emotional Value of Assets - Hull on Estates and Succession Planning #180

This week on Hull on Estates and Succession Planning, Ian Hull and Jordan Atin discuss the best ways to evaluate a Will based on the emotional value of assets rather than the fixed value.

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

 

Ian M. Hull - Click here for more information on Ian Hull.

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The Family Law Act - Hull on Estates #178

Listen to:  The Family Law Act - Hull on Estates #178

 

This week on Hull on Estates Paul Trudelle and Sarah Fitzpatrick discuss the Family Law Act and the elections of equalizations under the Act.

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

 

Paul Trudelle - Click here for more information on Paul Trudelle.

Sarah Fitzpatrick - Click here for more information on Sarah Fitzpatrick.

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Lost Wills - Part 2 - Hull on Estates and Succession Planning #179

Listen to:  Lost Wills - Part 2 - Hull on Estates and Succession Planning #179

This week on Hull on Estates and Succession Planning, Ian Hull and Jordan Atin continue their discussion about the importance of Wills and the emotional nature of evaluating the assets of an estate.

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

 

Ian M. Hull - Click here for more information on Ian Hull.

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Discussing Your Estate Plans - Hull on Estates #177

Listen to: Discussing Your Estate Plans - Hull on Estates #177

This week on Hull on Estates, Sharon Davis and Jordan Atin talk about the importance of discussing your estate plans with your family before you pass away . They relate this to a recent article that Jordan Atin wrote on Michael Jackson’s Will.

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

 

Sharon Davis - Click here for more information on Sharon Davis.

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Lost Wills - Hull on Estates and Succession Planning #178

Listen to: Lost Wills - Hull on Estates and Succession Planning #178

This week on Hull on Estates and Succession Planning, Ian Hull and Jordan Atin discuss the difficulties of losing your Will and how to overcome them.

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

 

Ian M. Hull - Click here for more information on Ian Hull.

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Vacation Preparation - Hull on Estate and Succession Planning #177

Listen to: Vacation Preparation - Hull on Estate and Succession Planning #177

This week on Hull on Estate and Succession Planning, Ian Hull and Jordan Atin discuss the importance of having your Will in order before going on vacation.

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

 

Ian M. Hull  - Click here for more information on Ian Hull.

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Admissible Evidence - Hull on Estates #176

Listen to: Admissible Evidence - Hull on Estates #176

This week on Hull on Estates, Rick Bickhram and Megan Connolly discuss what types of evidence are admissible throughout the interpretation of a Will.

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

Decore Estate, 2009 ABQB 440

 

Rick Bickhram - Click here for more information on Rick Bickhram.

Megan Connolly - Click here for more information on Megan Connolly.

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Tax Issues for Estate Planning - Hull on Estate and Succession Planning #176

Listen to: Tax Issues for Estate Planning - Hull on Estate and Succession Planning #176

This week on Hull on Estate and Succession Planning, Ian Hull goes through a summary of considerations for dealing with Canadian tax issues from an estate planning point of view.

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

Ian M. Hull - Click here for more information on Ian Hull.

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Tax Issues - Hull on Estates #175

Listen to: Tax Issues - Hull on Estates #175

This week on Hull on Estates, Ian Hull discusses tax issues, specifically those concerning Canadian clients who are leaving the country.

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

Ian M. Hull - Click here for more information on Ian Hull.

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Unjust Enrichment - Hull on Estates #174

Listen to:  Unjust Enrichment - Hull on Estates #174

This week on Hull on Estates, Diane Vieira and Rick Bickhram discuss a recent decision from Judge Daley regarding unjust enrichment, using the case of Simonin vs. Simonin as a background to explain the issues surrounding unjust enrichment.

Simonin v. Simonin, 2008 CanLII 58155 (ON S.C.)

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

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Transferring the Family Cottage - Part 7 - Hull on Estate and Succession Planning #175

Listen to: Transferring the Family Cottage - Part 7 - Hull on Estates and Succession Planning #175

This week on Hull on Estate and Succession Planning, Ian and Suzana recap their cottage series and discuss the possibilities that may arise with the beneficiaries, such as disinterest in the property or incapacitation.

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

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Capacity Assessments - Hull on Estates #173

Listen to:  Capacity Assessments - Hull on Estates #173

This week on Hull on Estates, Diane Vieira and Jonathan Morse discuss capacity assessments, the requirements for assessors under the Substitute Decisions Act, and who assesses capacity under what circumstances.

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

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Transferring the Family Cottage - Part 6 - Hull on Estate and Succession Planning #174

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Transferring the Family Cottage - Part 6 - Hull on Estate and Succession Planning #174

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion about the best practices for transferring the family cottage to the next generation while addressing the issue of defaulting on a trust or contract that was previously agreed upon by all beneficiaries.

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 Willis Estate Case - Hull on Estates #172

Listen to - The Willis Estate Case - Hull on Estates #172

The Willis Estate Case - Hull on Estates Episode #172

This week on Hull on Estates, Bianca La Neve and Rick Bickhram discuss the recent decision of Justice Brown regarding the Willis Estate case and the issues that can arise during contempt proceedings and appropriate sentencing in the field of estate and trust litigation. 

Re Willis Estate, 2009 CanLII 30681 (Ont.S.C.J.)

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

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Transferring the Family Cottage - Part 5 - Hull on Estate and Succession Planning #173

Listen to - Transferring the Family Cottage - Part 5 - Hull on Estate and Succession Planning

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion of the most efficient methods for transferring the family cottage.  Ian and Suzana discuss the effectiveness of using a trust or legally binding agreement for the beneficiaries and how to create one.

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

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Transferring the Family Cottage - Part 4 - Hull on Estate and Succession Planning #172

 

Listen to Transferring the Family Cottage -Part 4

This week on Hull on Estate and Succession Planning Ian and Suzana continue their discussion of the transfer of the family cottage. They explore three ways of transferring the cottage on death; 1) Putting the gift of the cottage in your will 2) Testamentary Trust and 3) Outright gifting.

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

Mutual Wills - Hull on Estates #171

Listen to Mutual Wills

This week on Hull on Estate and Succession Planning Jonathan Morse and Chris Graham discuss aspects of mutual wills and the doctrine of mutual wills. They look into some interesting cases related to this topic as well advantages and disadvantages of mutual wills.

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

Parties Under Disability - Hull on Estates #170

Listen to Parties Under Disability

This week on Hull on Estate and Succession Planning Natalia Angelini and Bianca La Neve discuss parties under disability. They look into how they are represented in proceedings and who has the authority to do so.

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

Transferring the Family Cottage - Part 3 - Hull on Estate and Succession Planning #171

 

Listen to Transferring the Family Cottage - Part 3 - Hull on Estate and Succession Planning #171

This week on Hull on Estate and Succession Planning Ian and Suzana look at the more complex solutions to the transfer of a cottage. The discuss the inter vivos transfer  - putting the cottage in trust for your children while you are living. 

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

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

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.

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

 

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.

Taking Evidence Before Trial - Hull on Estates #168

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.

Knowledge Management - Hull on Estates #167

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.

 

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

 

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.

The Estate Trustee During Litigation - Hull on Estates #166

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.
 

The Decision of Justice Brown - Hull on Estates #165

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.

 

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

 

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.

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

 

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.

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

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.

 

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

 

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.

 

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

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.

 

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

 

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.

 

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

 

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.

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

 

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.

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

 

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

 

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

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.
 

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

 

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.

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

 

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.

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Henson Trusts - Hull on Estates #159

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.
 

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

 

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

 

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.

 

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Administration Bonds - Hull on Estates #157

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.

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

 

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.

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

 

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.

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

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.

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

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.

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

 

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.

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

 

 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.

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

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.

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Powers of Attorney for Personal Care - Episode #153

 

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

 

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

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.

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

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.

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Protection For a Trustee Against Personal Liability - Episode #151

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.

 

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

 

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.

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

 

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

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.

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

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.

 

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Tucker and Tucker Estate Will Challenge - Episode #149

 

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.

 

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

 

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

 

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

 

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

 

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
 

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

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.

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Short-circuiting the frivolous will challenge - Episode #146

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.

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

 

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.

 

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The decision of Frye vs. Frye - Episode #145

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.

 

 

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

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.

 

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

 

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.

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

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.

 

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

 

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

.

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

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.

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

 

 

 

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.

Managing Estate Issues - Hull on Estates #140

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.

 

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Guardianship in Canada - Hull on Estate and Succession Planning

 

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.

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

 

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.

Rose v. Rose - Hull on Estates #139

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.

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Direct and Indirect Approaches to Estate Planning - Part 1

 

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.

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The Concept of Ethical Wills - Hull on Estates #138

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.

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

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.

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

 

 

 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.

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

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.

 

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

 

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.

 

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

 

 

 

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.

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

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.

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

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.

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

 

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.

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

 

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.

 

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

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.

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Testamentary Capacity Issues - Hull on Estates #132

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.

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

 

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.

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Piszczek v. Zurawska - Hull on Estates #131

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.

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

 

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.

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

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.
 

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

 

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.

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Fiduciary Accounting - Hull on Estates #129

 

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.

 

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

 

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.

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

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:

  1. Lack of testamentary capacity
  2. Existence of suspicious circumstances
  3. Will not having been properly executed
  4. Existence of undue influence
  5. 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.

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

 

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.

Variation of Trusts - Hull on Estates Podcast #127

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.

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

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.

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Tracking Down Heirs - Hull on Estates #126

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.

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

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.

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

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.

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Will Challenge Litigation - Part 2 - Hull on Estate

 

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:

  1. Medical records
  2. Solicitor's notes
  3. 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.

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

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.

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

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.

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Upcoming Continuing Legal Education Events

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.
 

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

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.

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

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.

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Calculating Compensation - Hull on Estate and Succession Planning #124

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.

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Settlement Issues - Hull on Estates #122

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.

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The Absentee Act - Hull on Estates #121

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.

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

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

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

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

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.

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Strategies to Prevent Estate Litigation - Hull on Estates #119

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.

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Investment Account Issues and Considerations

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.

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Declarations of Death Act - Hull on Estates Podcast #118

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.

 

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

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.

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

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.

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

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

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.

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

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.

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Becoming an Executor after Death - Hull on Estates #115

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.

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

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...

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

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...

OBA Trusts and Estates Section Executive

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

Capital Disbursement - Hull on Esate and Succession Planning #115

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...

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

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...

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

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...

Lost Wills - Hull on Estates Podcast #112

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

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

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...

Accounting - Hull on Estate and Succession Planning #112

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...

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

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.

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Passing of Accounts - Hull on Estates Podcast #109

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.

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

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/

Dependency and Undue Influence - Hull on Estates #108

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...

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

Listen to Issues in Estate Administration: Tax Filing.

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss tax issues surrounding the administration of an estate.

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 Estates and Succession Planning blog. Continue Reading...

Payment of Legacies - Hull on Estate and Succession Planning Podcast #109

Listen to Payment of Legacies

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss payment of legacies and other gifts that may be set out in a will.

Comments? Send us an email at hullandhull@gmail.com or leave us a message on our comment line at 206-457-1985. Continue Reading...

Alter Ego Trusts - Hull on Estates #107

Listen to Alter Ego Trusts.

This week on Hull on Estates, Natalia and Chris discuss what Alter Ego Trusts are and the pros and cons of using Alter Ego Trusts.

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.


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Expert Witnesses and Expert Reports (The Cross Examination) - Hull on Estates #106

Listen to Expert Witnesses and Expert Reports (The Cross Examination).

This week on Hull on Estates, Diane and Craig discuss what to consider when dealing with experts and expert reports in cross examination.

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.

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The Business of Being an Estate Trustee - Hull on Estate and Succession Planning Podcast #108

Listen to The Business of Being an Estate Trustee.

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the business side of being an Estate Trustee and talk about what to do with assets.

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.

Sham and Secret Trusts - Hull on Estates #105

Listen to Sham and Secret Trusts.

This week on Hull on estates, Ian and Suzana discuss Sham and Secret Trusts.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a message on the Hull on Estates blog.
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Administration of the Assets of the Estate - Hull on Estates and Succession Planning #107

Listen to Administration of the Assets of the Estate

This week on Hull on Estates and Succession Planning, Ian and Suzana discuss things to consider when administrating the assets of an estate and point out burdens of being and executor.

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 Estates and Succession Planning blog. Continue Reading...

Issues Causing Delay in the Granting of Probate - Hull on Estates #104

Listen to Delay in the Granting of Probate.

This week on Hull on Estates, David and Sarah discuss issues that cause delay in the granting of probate.

Comments?

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

Insights on Aging and the Elderly Seminar - Hull on Estate and Succession Planning Podcast #106

Listen to Insights on Aging and the Elderly Seminar

This week on Hull on Estate and Succession Planning, Ian talks about a seminar he attended and participated in last week called 'Insights on Aging and the Elderly'. The seminar was hosted by B'nai Brith and featured Dr. Nathan Herrmann, Ian Hull, Rabbi Roy D. Tanenbaum and Charles B. Wagner. Continue Reading...

Applying for Probate

Listen to Applying for Probate

This week on Hull on Estate and Succession Planning, Ian and Suzana talk about the applying for probate. They discuss some of the ways that estate administrators can simplify the process.

Comments? Send us an email at hullandhull@gmail.com, post a comment on our blog at http://estatelaw.hullandhull.com/ or leave us a message on our comment line at 206-457-1985. Continue Reading...

Madore-Ogilvie vs. Ogilvie Estate - Hull on Estates #103

Listen to Madore-Ogilvie vs. Ogilvie Estate.

This week on Hull on Estates, Rick and Sean discuss the case of Madore-Ogilvie vs. Ogilvie Estate which was recently featured in the CCH periodical Will Power.

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...

Upcoming OBA Continuing Legal Education Events

There are several interesting OBA continuing legal education (CLE) events in the Trusts & Estates Section in the next two weeks.

One is a luncheon program on March 25, 2008 commencing at noon addressing the topic of Power of Attorney Fraud. This program promises to discuss this escalating problem, some recent developments in criminal fraud proceedings, and how careful and creative planning with respect to Power of Attorney documents can help avoid family conflicts as well as costly and senseless litigation.

The speakers and panel slated include several lawyers, a forensic accountant and a detective from the Hamilton Police Service, Crimes Against Seniors Unit.

The other event is a half day program on April 2, 2008 commencing at 9:00 a.m. This program looks at the latest trends which counsel are seeing in the areas of estate planning, administration, litigation, and passing of accounts as well as trust and charity law.

Topics include: The Future of Mediation: Thinking Outside the Box, The Liability of the Passive Estate Trustee – The Hidden Danger, The Limits and Limitations to a Beneficiary’s Recourse Before and After a Judgment Passing Accounts, Developments in Estate Planning, Guardianships and Settlements of Personal Injury Litigation, View from the Bench and Emerging Trends Outside Toronto.

The Chairs of this program are Justin de Vries and Eric Hoffstein.

Both programs are being held at the OBA Conference Centre, 20 Toronto Street, 2nd Floor, Toronto. Information on each program can be found on the OBA’s website www.oba.org/.

Have a great day.

Craig.

Personal Liability - Hull on Estate and Succession Planning #104

Listen to Personal Liability

This week on Hull on Estate and Succession Planning, Ian Hull talks about the extensive personal liability of an estate trustee.

Also, in the March 2008 issue of Canadian Lawyer, the Toronto Estate Law Blog was ranked as one of Canada's Top Ten Law-Related Blogs by Gerry Blackwell. The list also included Michael Geist's blog, Law is Cool and the Rule of Law blog from Kelowna, BC. In the same issue of Canadian Lawyer, Suzana Popovic-Montag was featured as a leader in the world of law and social media. Kudos!

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 our blog at www.hullandhull.com. Continue Reading...

The Deemed Undertaking Rule - Hull on Estates #102

Listen to the deemed undertaking rule.

This week on Hull on Estates, Paul and Allan discuss the deemed undertaking rule and its application to estate matters.

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 at http://estatelaw.hullandhull.com. Continue Reading...

Getting Probate - Hull on Estate and Succession Planning #103

Listen to Getting Probate

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss probate - what it is and when you need it.

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 our blog at www.hullandhull.com.
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Assisted Reproductive Technology and Succession Law - Hull on Estates Podcast #101

Listen to Assisted Reproductive Technology and Succession Law

In this episode of Hull on Estates, Megan Connolly and Rick Bickhram discuss some interesting legal issues that surround assisted reproductive technology and succession law.

Comments? Leave us a message on our comment line at 206-350-6636, send us an email at hull.lawyers@gmail.com or you can post a comment on our blog at http://estatelaw.hullandhull.com/.

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Assets and Liabilites - Hull on Estate and Succession Planning #102

Listen to Assets and Liabilities

This week on Hull on Estate and Succession planning, Ian and Suzana expand on last week's discussion about determining value. They also discuss taking an inventory of an estate's assets and liabilities.

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 our blog.

Trustees' Rights to Indemnification

Listen to Trustees' Rights to Indemnification.

This week on Hull on Estates, Suzana and Ian celebrate the 100th episode of Hull on Estates with the first part of a two episode discussion on a trustee's right to indemnification.

Comments? Send us and 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.

A Continuation of Experts in the Context of Estates - Hull on Estates # 99

Listen to A Continuation of Experts in the Context of Estates.

This week on Hull on Estates, Craig and Diane continue the discussion regarding experts in the context of estates. The conversation touches primarily on choosing the expert and considerations for the report.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-250-6636, or leave us a comment on the Hull on Estates blog.

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Determining Value - Hull on Estate and Succession Planning #101

Listen to Determining Value

This week on Hull and Estate and Succession Planning, Ian and Suzana talk about values and appraisals. They specifically look at some of the issues related to assigning value to assets such as jewellery, automobiles, antiques and artwork.

Comments? Send us an email at hullandhull@gmail.com, leave us a message on our blog or give us a call at 206-457-1985. Continue Reading...

Valuations and Appraisals - Hull on Estate and Succession Planning #100

Listen to Valuations and Appraisals

Ian celebrates the 100th episode of Hull on Estate and Succession Planning.

He discusses the question of valuations and appraisals and how these affect estate mediation.

Comments? Drop us a line at 206-457-1985 or send us an email at hullandhull@gmail.com.

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Accounting Procedure Available Under the Substitute Decisions Act - Hull on Estates #98

Listen to Accounting Procedure Available Under the Substitution Decisions Act.

This week on Hull on Estates, Rick and David discuss procedure under the Substitution Decisions Act and review executor and attorney obligations as well as specific procedures permitting someone to compel an accounting.

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.
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Pre-probate Checklist - Hull on Estate and Succession Planning #99

Listen to Pre-probate Checklist

This week on Hull on Estates, Ian and Suzana discuss last week's Ontario Bar Association Conference (featuring Clare Burns and Jordin Atin as speakers).

They then wrap up their ongoing discussion about some useful steps to remember when administering an estate.

If you'd like to leave a comment, call us on our comment line at 206-457-1985 or leave us an email at hullandhull@gmail.com or you can visit our blog at estatelaw.hullandhull.com/.

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The Ontario Civil Justice Reform Project - Hull on Estates #97

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This week on Hull on Estates, Chris and Justin discuss the Ontario Civil Justice Reform Project and the steps being taken by Mr. Justice Colter Osbourne and Attorney General Michael Bryant.

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The Family Conference - Hull on Estates #96

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This week on Hull on Estates, Natalia and Allan discuss the Family Conference.

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 Estate blog.

 

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Asset Particulars - Hull on Estate and Succession Planning #98

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This week on Hull on Estate and Succession Planning, Ian and Suzana talk about the importance of keeping track of asset details.

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Tips and Traps in Drafting - Hull on Estates #95

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This week on Hull on Estates, Suzana and Ian discuss tips and traps in the drafting of wills.

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Initial Estate Meetings - Hull on Estate and Succession Planning #97

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This week on Hull on Estate and Succession Planning, Ian and Suzana discuss how important it is to be prepared for an initial meeting with an estate lawyer.

They have also been listening to and reading David Maister's new (audio)book Strategy and the Fat Smoker and continue their conversation on The Tipping Point by Malcolm Gladwell.

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 Surviving Spouse - Hull on Estate and Succession Planning #96

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This week on Hull on Estate and Succession Planning, Ian talks about an interview he did this week for a new website called Law is Cool and why he podcasts.

Ian and Suzana discuss the importance of preparing for the death of a spouse or for the welfare of your spouse upon your death. This preparation includes having a good idea of the assets you share and the importance of appointing a guardian for your children.

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.

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Experts in Estate Matters - Hull on Estates #94

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This week on Hull on Estates, Craig Vander Zee and Sarah Fitzpatrick discuss expert evidence in estate matters. In this episode they outline circumstances when one should use expert evidence, different types of experts, timing of reports, limitations of experts and the court appointed expert.

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Funeral Considerations - Hull on Estate and Succession Planning Podcast #95

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This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the considerations and responsibilities of estate trustees at the time of a funeral.

They also introduce Malcolm Gladwell's book 'The Tipping Point' as a different way of understanding family behaviour at the time of death.

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Karkus v. Cotroneo 2007 - Hull on Estates #93

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This week on Hull on Estates, Paul Trudelle and Diane Vieira discuss the case of Karkus v. Cotroneo 2007. The case addresses many of the issues that estate lawyers face on a daily basis, such as: proving or disproving gifts, slander of title and the importance of corroborative evidence.

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Estate Administration - Hull on Estate and Succession Planning Podcast #94

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This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on what to expect in the early stages of estate administration.

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Proprietary Estoppel - Hull on Estates #92

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This week on Hull on Estates, David Smith and Rick Bickhram discuss proprietary estoppel.

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Consent Orders - Hull on Estates #91

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This week on Hull on Estates, David Smith and Christopher Graham discuss what to consider as a lawyer seeking an order on consent.

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The Process of Administering an Estate - Hull on Estate and Succession Planning Podcast #93

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This week on Hull on Estate and Succession Planning, Ian and Suzana  talk about the first, pre-probate stages of administering an estate.

Executor Obligations - Hull on Estate and Succession Planning Podcast #92

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This week on Hull on Estate and Succession Planning, Ian and Suzana discuss what to anticipate as an executor and how to ensure that you are well prepared for your duties.

Estate Assets - Hull on Estates #90

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This week on Hull on Estates, Natalia Angelini and Sean Graham discuss issues that surround estate assets.  The value of some assets are not always determined by their financial value and the value of other assets may change dramatically over time.

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The Core Issues Concerning Estate Taxes - Hull on Estates and Succession Planning Podcast # 91

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This week on Hull on Estates and Succession Planning, Ian and Suzana discuss the core issues surrounding estate taxes. Continue Reading...

Probate Issues and Requirements - Hull on Estates #89

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In this week's episode of Hull on Estates, David Smith and Allan Socken discuss probate issues, including the need for probate, when its avoidance is possible, and new developments relating to probate matters.

 

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Foreign Real Estate Issues - Hull on Estate and Succession Planning Podcast #90

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This week on Hull on Estate and Succession Planning, Ian and Suzana discuss foreign real estate issues and tax planning.

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Payment of Taxes on Death - Hull on Estates and Succession Planning Podcast #89

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This week on Hull on Estates and Succession Planning, Ian and Suzana discuss the necessity of planning for the payment of taxes on death. Continue Reading...

Preparing for Trials in the Context of Contested Passing of Accounts - Hull on Estates #88

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In this podcast, Craig Vander Zee and Paul Trudelle discuss trial preparation considerations in the context of a contested passing of accounts.
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Considerations Regarding Testamentary Trusts and Charitable Gifting Issues - Hull on Estate and Succession Planning Podcast #88

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This week on Hull on Estates and Succession Planning, Ian and Suzana discuss considerations that must be taken into account while preparing Testamentary Trusts and issues surrounding charitable gifting.

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The Lesser Rules of Estate Litigation - Hull on Estates #87

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This week on Hull on Estates, David Smith and Justin de Vries discuss the less-known rules (Rules 8-11) of estate litigation.

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The Potential of the Testamentary Trust - Hull on Estate and Succession Planning Podcast #87

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This week on Hull on Estate and Succession Planning, Ian and Suzana continue to focus on testamentary trusts, the most common estate-planning step after the simple will.

The STEP and Elder Law Conferences - Hull on Estates Episode #86

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This week on Hull and Estates, Ian Hull and Suzana Popovic-Montag discuss issues in Elder Law and their attendance at the STEP and Elder Law Conferences in Vancouver. Continue Reading...

Getting Off the Record - Hull on Estates #85

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This week on Hull on Estates, Sean Graham and Natalia Angelini dicuss the unfortunate circumstances that usually accompany the process of getting off the record.

 

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Anticipating Issues in Trust Arrangements - Hull on Estate and Succession Planning Podcast #86

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This week on Hull on Estate and Succession Planning, Ian and Suzana discuss trust planning options and anticipating issues that may arise in the future.

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Deferring Tax on Capital Gains - Hull on Estates and Succession Planning Podcast #85

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This week on Hull on Estates and Succession Planning, Ian and Suzana continue their discussion about rolling assets into Trusts and issues surrounding deferring tax on Capital Gains.

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Trust Claims and Non-Married Spouses - Hull on Estates Episode #84

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This week on Hull on Estates, David Smith and Megan Connolly reference the case Belvedere v. Brittain Estate to discuss constructive trust claims made against an estate by a non-married spouse.
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Appointing, Changing or Removing Trustees - Hull on Estates #83

Rolling Assets Into Trust - Hull on Estate and Sucession Planning Podcast #84

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This week on Hull on Estate and Succession Planning, Ian and Suzana further last week's discussion on trusts and tax planning wills by illustrating the benefits of rolling over assets and being conscious of tainted trusts. Continue Reading...

Inter Vivos and Principal Residence Trusts - Hull on Estate and Succession Planning Podcast #83

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This week on Hull on Estate and Succession Planning, Ian and Suzana talk about Inter Vivos and Principal Residence Trusts as effective tools to consider when tax planning a will.

 

 

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Court Order Compliance - Hull on Estates #82

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This week on Hull on Estates, Sean Graham and Justin deVries talk about court order compliance, contempt and enforcement of court orders in general.

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Court Approval - Hull on Estates #81

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In this week's episode of Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss court approvals. They talk about the court approval application process and the global impact of court approvals in every area of law.

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Beneficiary Designations - Hull on Estate and Succession Planning Podcast #82

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This week on Hull on Estate and Succession Planning, Ian and Suzana discuss core issues in estate planning; specifically the importance of beneficiary designations.

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Multiple Wills - Hull on Estate and Succession Planning Podcast #81

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This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion about tax plan wills and issues surrounding multiple wills.

 

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Estate Planning Tips - Hull on Estates #80

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In this week's episode of Hull on Estates, Natalia Angelini and Jordan Atin discuss how to deal with assets in the family and how to avoid future conflict.

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The Benefits and Pitfalls of Incentive Trusts - Hull on Estates Podcast #79

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In this week's episode of Hull on Estates, Megan Connolly and Craig Vander Zee discuss when incentive trusts should be used and some of the pitfalls of using them.

The Tax Plan Will - Hull on Estate and Succession Planning Podcast #80

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This week on Hull on Estate and Succession Planning, Ian podcasts without Suzana and kicks off a new series dealing with taxes and wills.

Closing the Summer's Cottage and Recreational Property Discussion - Hull on Estate and Succession Planning #79

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In this week's episode of Hull on Estate and Succession Planning, Ian and Suzana consider the other factors to consider in the succession agreement.

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The Removal of Estate Trustees - Hull on Estates #78

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In this episode, Craig Vander Zee and Paul Trudelle discuss various issues relating to the removal of trustees, including the considerations when negotiating the removal of trustees and their replacement. They discuss Craig's recent presentation at an Ontario Bar Association continuing legal education program.

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Drafting a Co-ownership Agreement - Hull on Estate and Succession Planning Podcast #78

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This week on Hull on Estate and Succession Planning, Ian and Suzana discuss things to remember when drafting a co-ownership agreement of a recreational property with family or friends.

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Your Sins Are Not Forgiven - Cost Awards and Charities - Hull on Estates Podcast #77

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In this episode of Hull on Estates, Justin and Natalia talk about cost awards and charities.

The case they refer to is Ukrainian Catholic Episcopal Corporation of Eastern Canada v. Pidwerbecki 2007 CanLII 16645 (ON S.C.)

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Pet Trust Funds - Hull on Estates Podcast #76

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In this episode of Hull on Estates, Ian and Suzana talk about a few case studies, the topic of substantial gifts to animals, and the community of podcasting.

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Arranging an Agreement on Cottage Property - Hull on Estate and Succession Planning Podcast #77

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This week on Hull on Estate and Succession Planning, Ian and Suzana continue talking about cottage and recreational properties.

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Securing Interest in Land in Litigation - Hull on Estates Podcast #75

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In this week's episode of Hull on Estates, Sean Graham and Natalia Angelini discuss securing interest in land in litigation.

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Post-Death Gifting of the Family Cottage - Hull on Estate and Succession Planning Podcast #76

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This week on Hull on Estate and Succession Planning, Ian and Suzana discuss post-death gifting related to the family cottage.

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Spousal Exclusion Issues - Hull on Estates Podcast #74

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In this week's episode of Hull on Estates, David Smith and Diane A. Vieira discuss the issues surrounding spousal exclusion from the will of the deceased and how to challenge this exclusion.

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Family Cottage Cases of Ownership Transfers - Hull on Estate and Succession Planning Podcast #75

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In this week's episode of Hull on Estate and Succession Planning, Ian and Suzana share a few stories involving cases of ownership and the family cottage.

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The Family Cottage and Capital Gains Taxes - Hull on Estate and Succession Planning #74

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This week on Hull on Estate and Succession Planning, Ian and Suzana discuss different options for dealing with capital gains tax as it pertains to investments like 'The family cottage'.

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Dickie and Dickie - Hull on Estates Podcast #73

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In Episode 73, Craig Vander Zee and Paul Trudelle discuss the contempt issues that arise in the decisions of the Supreme Court of Canada (Dickie v. Dickie [2007] S.C.J. No. 8, and the Ontario Court of Appeal (Dickie v. Dickie [2006] O.J. No. 95), and the availability of contempt proceedings were there is a failure to comply with an Order calling for payment into court or posting of security.

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Estate Law Case Study - Hull on Estates Podcast #72

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In this week's episode of Hull on Estates, Justin and Megan discuss a case study.

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Capital Gains Taxes - Hull on Estate and Succession Planning Podcast #73

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In this week's episode of Hull on Estate and Succession Planning, Ian and Suzana talk about capital gains taxes and what you need to know about them relating to the family cottage.

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Vacation and Recreational Properties - Hull on Estate and Succession Planning Podcast #72

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This week on Hull on Estate and Succession Planning, Ian and Suzana discuss litigation involving vacation and recreational properties. This is an emotional as well as a legal issue. They talk about the realities of passing properties on to younger generations.

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Trusts - Hull on Estates Podcast #71

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In this episode of Hull on Estates, Ian and Suzana have a discussion dealing with the use of trusts. They use the example of a case where a family put their cottage into a cottage trust, and when the children grew older, the children wanted cottages of their own.

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Litigation Involving Minors - Hull on Estates #70

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In Episode 70 of Hull on Estates, Paul and Sean discuss Court approval of settlements affecting the interests of minors. They refer to Rule 7.02 and 7.08 fo Ontario's Rules of Civil Procedure as well as the case of Marcoccia (Litigation Guardian of) v. Gill, 2007 CarswellOnt 15 (Ont.S.C.J.).

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Hall v McLaughlin - Hull on Estate and Succession Planning Podcast #71

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This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the case of Hall v McLaughlin. This case explores the issue of whether or not a mirror/mutual will written early in life is binding. It illustrates the importance of making your intentions clear to your spouse.

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Partition in Sale Proceedings - Hull on Estates #69

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In this episode of Hull on Estates, Natalia and David have a discussion about partition in sales proceedings, and use the case of Suttick and Schwenger, which deals with a family cottage.

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Real Case Studies - Hull on Estate and Succession Planning Podcast #70

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This week on Hull on Estate and Succession Planning, Ian and Suzana talk about some of the real-life case studies that they encounter every day. They  go through a case that tore a family apart: Rose v Rose, in a case over the family cottage.

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Demand Promissory Notes and the Estate - Hull on Estates Podcast #68

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Craig and Bianca discuss demand promissory notes and the recent decision of Hare v. Hare [2007] 83. O.R. (3d) 766. The Hare decision specifically deals with the limitation periods applicable to the enforcement of a demand promissory note.

Craig and Bianca also discuss demand promissory notes in the estate context, and the considerations parents should take into account when making demand loans to children.

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Probate Fees - Hull on Estate and Succession Planning Podcast #69

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During Hull on Estate and Succession Planning Podcast #69, Ian and Suzana discuss the topic of probate fees. They discuss probate fees, probate planning, and tax avoidance.

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Telling a Story and Probate Planning - Hull on Estate and Succession Planning Podcast #68

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During Hull on Estate and Succession Planning Podcast #68, Ian and Suzana discuss a case found in Jordan Atin's book The Family War. They also delve into the topic of probate planning.

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The Dog Days of Summer: Planning for the Transfer of the Family Cottage - Hull on Estates Podcast #67

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

Joint Accounts - Hull on Estates Podcast #66

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

Probate Defined - Hull on Estate and Succession Planning Podcast #67

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During Hull on Estate and Succession Planning Podcast #67, Ian and Suzana discuss the topic of Probate. They throughly explain the concept and cover the different roles that Probate can play in a successful succession plan.

The Estate Litigation of NYC Socialite Queen Brooke - Hull on Estate and Succession Planning Podcast #66

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During Hull on Estate and Succession Planning Podcast #66, Ian and Suzana discuss the conference that Ian recently attended, Podcasters Across Borders, where he spoke on a panel with Terry Fallis of Thornley Fallis, and Kate Morgan of Podwise Social Media Inc.

Within the context of estate litigation, Ian discusses a recent article he read in the June 6th edition of The Economist that considered the life of a New York City socialite, Brooke Astor, commonly known as Queen Brooke. Ian reviews the dramatic story of her life, and the litigation surrounding her loss of capacity and her second marriage.

Interim Support in Dependent Support Claims - Hull on Estates Episode #65

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During Hull on Estates Episode #65, Sean Graham and Paul Trudelle discuss some of the practice and legal issues that arise regarding interim support in dependant support claims.

Section 64 of the Succession Law Reform Act is referenced, as is the Puliver case and the Manninon case.

 

Testamentary Intent: Holograph Wills - Hull on Estates Podcast #64

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

Powers of Attorney: Planning for Incapacity - Hull on Estate and Succession Planning Podcast #65

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During Hull on Estate and Succession Planning Podcast #65, Ian Hull and Suzana Popovic-Montag discuss the importance of designating a Power of Attorney in your estate plan.

They cover topics such as why a Power of Attorney is essential and what can happen if an incapable individual does not have a Power of Attorney in place, focusing on the Court Order process to obtain a Power of Attorney for property and/or personal care.



Powers of Attorney and Elder Abuse - Hull on Estate and Succession Planning Podcast #64

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During Hull on Estate and Succession Planning Podcast #64, Ian Hull and Suzana Popovic-Montag express the importance of educating an individual chosen as Power of Attorney on their roles and responsibilities, as well as full disclosure between all parties involved in the estate planning. 

They also discuss the issue of duelling Powers of Attorney during the succession planning process and the strategy of using Power of Attorney for limited purposes.

Ian and Suzana also touch on the problem of elder abuse and mentioned the helpful emergency hotline provided by the Public Guardian and Trustee at 1-800-366-0335.

Tips for Managing and Controlling Estate Litigation - Conclusion - Hull on Estates Podcast #63

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During Hull on Estates Podcast #63, Craig Vander Zee and Bianca La Neve discussed various discretionary measures available to a court when making contempt orders.

Rule 60 of the Rules of Civil Procedure was referenced, as well as the decision in Belanger v. McGrade Estate (2003), 65 O.R. (3d) 829 (Ont. S.C.J.).

What Happened to My Gift: The Principle of Ademption - Hull on Estates Podcast #62

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

What can a beneficiary do?

Powers of Attorney Defined - Hull on Estate and Succession Planning Podcast #63

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During Hull on Estate and Succession Planning Episode 63, Ian Hull and Suzana Popovic-Montag discuss the role of Powers of Attorney during the estate planning process. 

They define "Power of Attorney", and cover the responsibilities that accompany this role. The steps to take if you decide to revoke your Power of Attorney are also discussed, as well as the regulations of the Substitute Decisions Act which sets out some of the duties involved in Power of Attorney

The Solicitor/Client Privilege and the Duty of Confidentiality - Hull on Estates Podcast #61

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

The Distribution of Assets - Hull on Estate and Succession Planning Podcast #62

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In Episode #62, Ian and Suzana discuss the treatment of assets in second marriages with children.  They cover the necessity of proper communication and documentation of intent, as well as the impact of the Succession Law Reform Act over the distribution of assets.

Ian and Suzana also discuss the strategy of using trusts to pass on assets in a controlled and managed way to desired beneficiaries.

Using Insurance Instruments for Effective Succession Planning - Hull on Estate and Succession Planning Podcast #61

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During Hull on Estate and Succession Planning Episode #60, Ian and Suzana discuss how  term policies and whole life policies can apply to succession planning.

They cover three important aspects to consider when reviewing your insurance policies, especially in a separated spouse situation including the funding of support obligations, the designation of the policy's beneficiaries, and how the policy will be funded after death.

Mutual Wills - Hull on Estates Podcast #60

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During Hull on Estates Episode #61, Sean Graham and Paul Trudelle discuss mutual wills and mirror wills. They discuss examples where a mutual will and a binding agreement would be used, such as second marriages.

They also cover the importance of documentation of intent and discuss potential drawbacks of the mutual will.

For more information on this topic, see the article by Debra L. Stephens, "Mutual Wills: A Primer", which was presented at The Six Minute Estates Lawyer 2007, on April 10, 2007.

 

Joint Accounts - Hull on Estates #59

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In Hull on Estates Podcast episode #59, David Smith and Jason Allan discuss the Supreme Court of Canada's decisions on joint accounts in Pecore v. Pecore, 2007 SCC 17, and Madsen Estate v. Saylor 2007 SCC 18.

These two decisions concern joint bank accounts and the decision of right of survivorship, as well as the question of presumptions resulting trust and advancement.

Joint Accounts - Hull on Estate and Succession Planning Podcast #60

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During Hull on Estate and Succession Planning Podcast  Episode #60, Ian and Suzana discussed a recent case, Pecore v. Pecore, 2007 SCC 17, from the Supreme Court of Canada. This decision concerned the issue of jointly held accounts.

Ian and Suzana discussed the consequences of joint accounts for adult children, minor children and dependent adult children.

Separation Agreements in the Context of Estate Planning - Hull on Estate and Succession Planning Podcast #59

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During Hull on Estate and Succession Planning Podcast #59, Ian and Suzana discuss Separation Agreements and the general elements of estate planning upon separation from a spouse.

They cover many important aspects of a separation agreement that should be considered when turning your mind to estate planning, including joint assets, joint debts, property, and disability planning.

 

The Use of Contempt Motions in the Estate Context - Hull on Estates Podcast #58

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

Craig and Bianca also refer to Rule 60.05 and Rule 60.11 from the Rules of Civil Procedure which govern contempt motions.

Separated Spouses and Estate Planning Issues - Hull on Estate and Succession Planning Podcast #58

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During Episode #58, Ian and Suzana discuss estate planning and separated spouses including the equalization process, the importance of valuation on the day of separation, and how issues of spousal support and child support can dovetail into estate planning.

Suzana mentions the case of  A.A. v. B.B., 2007 ONCA 2 from the Ontario Court of Appeal, wherein a child may have three parents.

A Dutch Treat; Conflict of Laws and Estate Administration - Which Law Governs? - Hull on Estates Podcast #57

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During Hull on Estates Episode #57, Justin de Vries and Megan Connolly discuss an ongoing client matter which has come out of the Netherlands.  This matter raises issues of conflict of laws, the Divorce Act, the Succession Law Reform Act, R.S.O. 1990, c. S.26, and dependant support claims.

For more information on the conflict of laws, as it relates to this case, please see:

  • McCallum v. Ryan Estate, [2002] O.J. No. 1088 (SCJ)
  • Re Montizamber Estate, [1973] O.J. No. 1035 (SCJ)
  • Smallman v. Smallman Estate, [1991] O.J. No. 1718 (OJC - Gen. Div.).

The Hull & Hull website and a Practice Tip - Hull on Estates #56

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During Hull on Estates Episode #56, Ian Hull and Suzana Popovic-Montag review the updates on the Hull & Hull LLP website and discuss the available resources such as Hull & Hull TV (streaming videos), the Probator articles, and of course links to the blogpage/podcasts.

Ian discusses a book he has recently read, Getting Things Done by David Allen. Ian heard about this book on the Marketing Monger podcast.

Ian and Suzana's Practice Tip for this podcast helps the process of fiduciary accounting go smoothly.

Tax Considerations for Separated Spouses - Hull on Estate and Succession Planning Podcast #57

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During Hull on Estate and Succession Planning Podcast #57, Ian Hull and Suzana Popovic-Montag discuss tax considerations to keep in mind within the context of separated spouses.

They cover such issues as tax liability, spousal support and child support deductability and the deductability of legal fees.

Joint and Several Liability of Trustees - Hull on Estates Episode #55

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During Hull on Estates Episode #55, Sean Graham and Paul Trudelle discuss joint and several liability of trustees with respect to the administration of an estate. They  focus on avoiding liability when there are two or more estate trustees.

Paul and Sean examine this estate topic with respect to the case of Fales v. Canada Permanent Trust Co. and  Cooper (No. 2) Re.

Estate Planning Issues for Separated Couples - Hull on Estate and Succession Planning Podcast #56

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During Hull on Estate and Succession Planning Podcast #56, Ian and Suzana discuss the circumstances surrounding separated couples, remarriage and common law separations.

They discuss the impact that these separations have on estate planning including financial, tax and property ownership considerations.

Contemplating "In Contemplation of Marriage" - Hull on Estates Podcast #54

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During Hull on Estates Podcast #54, David Smith, Partner at Hull & Hull LLP, discusses his upcoming Probator article (check the Hull & Hull website soon) which concerns making a Will in contemplation of marriage.

David discusses the circumstances that surround this clause, Section 16 of the Succession Law Reform Act and how this issue can cause litigation. 

 

Insurance Planning - Hull on Estate and Succession Planning Podcast #55

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During Hull on Estate and Succession Planning Podcast #55, Ian and Suzana discuss insurance planning in the context of wealth and estate planning strategies.

They cover the advantages of integrating insurance policies into your estate plan focusing on disability insurance, critical care insurance and life insurance.

Tips for Controlling and Managing Estate Litigation - Hull on Estates Podcast #53

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During Hull on Estates Episode #53, Craig Vander Zee and Bianca La Neve conclude their discussion on tips for controlling and managing estate litigation. They focus on the hearing of issues, applications vs. actions, oral discovery and mediation. 

Look in the Hull on Estates archives to find more podcasts on managing estate litigation.

Estate Planning Considerations in the Context of Married and Unmarried Spouses - Hull on Estate and Succession Planning Podcast #54

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During Hull on Estate and Succession Planning Episode #54, Ian and Suzana discuss how to avoid Will drafting problems when creating beneficiary designations for insurance trusts.

They also discuss the importance of including funeral arrangements in your Will, and the various Provincial approaches to the revocation of wills after marriage and after a divorce.

Hull on Estates Podcast #52 - Trying to Protect an Elderly Parent from Financial Exploitation; The Limits on Power of Attorney

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

Justin and Megan summarize the case and cover issues such as capacity, breach of fiduciary duty and elder abuse.

Hull on Estate and Succession Planning Podcast #53 - Beneficiary Designation Considerations for Spousal Trusts

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During Hull on Estate and Succession Planning Episode #53, Ian Hull and Suzana Popovic-Montag build on their last podcast regarding succession planning for married couples, and turn their focus to spousal trusts.

They discuss administrative expenses surrounding trusts, the circumstances that lead to surviving spouse litigation, and methods for ensuring the balance between beneficiary designations.

Hull on Estates Podcast #51 - The Trustee's Power to Encroach on Capital

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During Hull on Estates Episode #51, Ian Hull and Suzana Popovic-Montag discuss the circumstances surrounding a trustee's power to encroach on capital.

Ian and Suzana cover various principles which affect the power to encroach including the Armchair rule of construction, the Evenhand approach and the concept of malafides.

They also touch on various cases including the U.K. case of Gisbourne v. Gisbourne, and Fox v. Fox Estate (1994), 5 E.T.R. (2d) 174 (Ont. Ct. (Gen. Div.))

For more information on the power to encroach, see Ian's article in Estates, Trusts & Pensions Journal, "Discretion to Encroach: Do the Beneficiary's Personal Resources Matter?"

Hull on Estate and Succession Planning Podcast# 52 - The Necessity of a Will in Successful Succession Planning

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During Hull on Estate and Succession Planning Episode #52, Ian Hull and Suzana Popovic-Montag discuss the importance of having a Will in succession planning.

They cover a range of necessary Will provisions including:

  • The appointment of a guardian for your children;
  • How to deal with authority over your children's property and the Office of the Children's Lawyer ;
  • Avoiding the Corvette effect;
  • Common disaster clauses; and
  • US Estate taxes.

Hull on Estates Podcast # 50 - The Rectification of a Will

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During Hull on Estates Episode #50, Sean Graham and Paul Trudelle discuss the rectification of an erroneous Will.

Sean and Paul also cover the importance of detailed documentation such as Solicitor's notes and prior Wills, as well as Intestacy and Knowledge and Approval of the Will. 

For relevant case law on rectification, please see:

  • Re Black (1982), 37 O.R. (2d) 219, 38 O.R. (2d) 468 (Ont. H.C.), Tab 11.
  • Re Sherin (1985), 18 E.T.R. 177 (Ont. H.C.J.), Tab 12
  • Re Morris, [1970] 1 All E.R. 1057 (P.D.), Tab 6.
  • Barylak v. Figol (1995), 9 E.T.R. (2d) 305 (O.C.G.D.) Tab 8

Hull on Estate and Succession Planning Podcast #51 - Domestic Contracts and Disability Planning

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During Hull on Estate and Succession Planning Episode #51, Ian Hull and Suzana Popovic-Montag discuss estate planning for married spouses and common law relationships. They focus specifically on the nature and consequences of domestic contracts, their provision in Section 63 of the Succession Law Reform Act and the importance of full disclosure.

Ian and Suzana also discuss disability planning and the importance of naming a Power of Attorney for property and personal care.


Hull on Estate and Succession Planning Podcast #50 - More Tips for Protecting Your Children's Inheritances

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During Hull on Estate and Succession Planning Podcast #50, Suzana Popovic-Montag and her guest, Jordan Atin continue their discussion on how to protect your children's inheritances, focusing on strategies to ensure that your chosen beneficiaries do in fact receive the assets left to them.

Hull on Estates Podcast #49 - The Estate Trustee During Litigation

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During Hull on Estates episode #49, David and Jason discuss issues concerning the estate trustee during litigation (ETDL). They consider the circumstances that call for an ETDL, the technical procedure for appointing the ETDL and the powers and duties of the ETDL.

For more information on this topic, see:

  • Salisbury v. Dell (1993 Ont. Gen Div);
  • Jordan Atin's artice, The Estate Trustee During Litigation, in Estate Litigation, volume 2. 2nd ed. (Toronto: Thomson Carswell, 2000) at p.24-1; and
  • Estates Act, R.S.O., c. E.21, as amended (s.28) 

     

Hull on Estates Podcast # 48 - Tips for Directing and Controlling Estate Litigation

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During Hull on Estates Episode #48, Craig Vander Zee and Bianca La Neve continue their discussion on tips for controlling and managing estate litigation, focusing on orders giving directions, oral discovery and mediation.

Hull on Estate and Succession Planning Podcast #49 - Protecting Your Children's Inheritance

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During Hull on Estate and Succession Planning Podcast #49, Suzana Popovic-Montag and Jordan Atin discuss considerations and techniques to ensure the proper use of inheritances. Some of these techniques include staggered inheritances, incentive trusts and charitable foundations.

 

Hull on Estate and Succession Planning Podcast #48 - Tips for Hiring an Estate Lawyer

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During Hull on Estate and Succession Planning Episode #48, Ian Hull and Suzana Popovic-Montag speak with Jordan Atin, co-author of a recently published book on avoiding Estate litigation, The Family War. The three succession planning experts discuss considerations when hiring an estate lawyer to draft your will. 

The necessary processes are reviewed including getting a referral, answering questions regarding your specific needs and assets, full disclosure, confidentiality and finally the importance of reviewing and signing your completed will. 

Hull on Estates Podcast #47 - The Two Sides to Transferring a Cottage to your Children

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

Hull on Estates Podcast #46 - Causation

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During Hull on Estates Podcast #46, Ian and Suzana discuss the concept of causation and how it relates to estate matters.

Referring to the texts of Jackson and Powell on Professional Negligence  and Black's Law Dictionary, negligence claims, the standard and duty of care and the question of onus are considered.

The cases of Haag v. Marshall in the British Columbia Court of Appeal, Sykes v. Midland Bank [1971] 1 Q.B. 113 and Major v. Buchanan (1975), 9 O.R. (2nd) 491 at 514, 61 D.L.R. (3rd) 46 (H.C.) are also examined.

Hull on Estate and Succession Planning Podcast #47 - Succession Law

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During Hull on Estate and Succession Planning Episode #47, Ian and Suzana review four possible flash points to keep in mind when dealing with family law issues. These topics include the family business, the matrimonial home, the treatment of debt and the domestic and family contract.

Ian and Suzana specifically discuss the legal effects of the domestic and family contract upon death and support considerations reviewing the Succession Law Reform Act, Section 62 and 63.

Hull on Estate and Succession Planning Podcast #46 - Family Law Issues in Estate Planning

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During Hull on Estate and Succession Planning Episode #46, Ian and Suzana discuss various family law topics which facilitate the creation of a successful estate plan. They focus on "Sweetheart Wills", property analysis, constructive trusts, and the importance of transparency and dialogue especially when dealing with blended families.

Hull on Estates Podcast #45 - The Use of Contempt Procedures in Estate Matters

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

Hull on Estates Podcast #44 - Trustee Obligations to Beneficiaries

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

Hull on Estate and Succession Planning Podcast #45 - Pre-Estate Planning Considerations

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During Hull on Estate and Succession Planning Episode #45, Ian and Suzana discuss various considerations that must be taken into account before the drafting of an Estate plan and Will takes place.

Hull on Estates Podcast #43 - Managing Estate Litigation: Order for Directions

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During Episode #43 of Hull on Estates, Craig and Bianca gave an overview of a previous podcast aired on December 12, 2006. They furthered this discussion on managing estate litigation matters, and considered multiple proceedings (ex. dependent support claims), how issues are set out in Orders for Directions, and evidence requirements, including documentary discovery. 

The case of Burns Estate v. Mellon, (2000), 48 O.R. (3d) 64 (C.A.) was disussed as well.

Hull on Estate and Succession Planning #44 - Estate and Wealth Planning Continued

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During Episode #44, Ian and Suzana discussed last week's blog entries by Sean Graham, continued their look at Estate and Wealth Planning focusing on Disability planning (see Paul Trudelle's blog entries on the Ontario Disability Support Program) as well as the necessity for Wills and Power of Attorney. 

Hull on Estate and Succession Planning Episode #43 - Estate Planning

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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

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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 Estate and Succession Planning Podcast #42 - The Family Office

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During Podcast # 42, Ian and Suzana discussed the concept of the Family Office and its primary objectives, including:

  •  the efficient transfer of family wealth to future generations
  •  the centralized management of affairs; and
  •  the co-ordination of the efforts of all family advisors.

Hull on Estates Podcast #41 - The Waters' Law of Trusts in Canada

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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 Estate and Succession Planning Episode #41 - Conclusion of the Family Conference

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During Hull on Estate and Succession Planning Podcast #41, we discussed the institution of the family constitution and the issues to consider after its institution including Power of Attorney, Wills and other documentation.

Hull on Estates Podcast #40 - New Year's Resolutions for Succession Planning

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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 Estate and Succession Planning Podcast # 40 - The Family Conference Continued

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During Hull on Estate and Succession Planning Episode #40, Ian and Suzana discussed issues surrounding the conclusion of the Family Conference, including tax matters, unapproving family members, implementing drafts and bullet-proofing your estate plan.



Hull on Estate and Succession Planning Episode #39 - Participation at the Family Conference

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During Hull on Estate and Succession Planning Episode 39, we continued our discussion on the Family Conference, focusing on the actions to be taken in regards to non-participating family members. We also discussed the importance of documentation and defined will challenges.

 

Hull on Estates Episode #39 - Removing an Estate Trustee

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During Hull on Estates Episode #39, 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

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During Hull on Estates Podcast #38, we discussed provisions that may be included in Orders Giving Directions.

 

Hull on Estate and Succession Planning Podcast #38 - Process for the Family Conference

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During Hull on Estate and Succession Planning Episode 38, we discussed the process for ensuring a successful family conference including:

  • the introduction and outline of process;
  • the importance of caucuses and break-out sessions;
  • the necessity for flexibility in the agenda and the family constitution to allow for the addition and revision of issues; and
  • the importance of setting a future date if the family conference has not been concluded in one day.


Hull on Estate and Succession Planning Podcast #37 - Logistics of the Family Conference

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During Hull on Estate and Succession Planning Episode 37, we discussed the steps that are followed during a Family Conference including:

  • Doing  your "homework" before the Family Conference;
  • Preparing an agenda for the Family Conference to be circulated to members before the Family Conference;
  • How to begin the Family Conference Meeting; and
  • How the discussions during the Family Conference should be handled.

Hull on Estates Podcast #37 - Limitation Periods and Equalization Payments

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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 Estate and Succession Planning Podcast #36 - The Family Conference - Family Business Issues

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During Hull on Estate and Succession Planning Episode 36, we discussed:

  • dealing with different family issues in a global sense;
  • the family cottage and/or "special properties";
  • dealing with fairness issues;
  • how to equalize the gifting of a cottage; and
  • the grandchildren effect.


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 Estate and Succession Planning Podcast #35 - The Family Conference - Special Needs Beneficiaries

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During Hull on Estate and Succession Planning Podcast #35, we discussed:

  • Special needs beneficiaries;
  • What the definition of a special needs beneficiary is;
  • The use of trusts for special needs beneficiaries; and
  • The proper planning for special needs beneficiaries and what happens to the assets and the trust when the special needs beneficiary dies.

Hull on Estates Podcast #35 - Will Challenges

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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

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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 and Succession Planning Podcast #34 - The Family Conference - The Need for Full Disclosure Continued

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During Hull on Estates and Succession Planning Episode #34, we continued to discuss the need for full disclosure during the Family Conference process detailing specific situations including:

  • extramarital relationships and how they can affect estate planning;
  • unequal treatment of children;
  • the spend thrift beneficiary; and
  • the making of specific trusts to protect inheritance

We also discussed Family Law concerns such as children's spouses and family businesses.

Hull on Estate and Succession Planning Podcast #33 - The Family Conference - The Need for Full Disclosure

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During Hull on Estate and Succession Planning Podcast #33, we discussed the Family Conference and the need for full disclosure of:

  •  the details of the Family Constitution to all parties;
  •  the estate plan to all family members; and
  •  the parents'  honest feelings to their children.

 We also provided an illustration of how to work through a Family Conference.

Hull on Estates Podcast #33 - Hull & Hull LLP's New Website

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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

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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 Estate and Succession Planning Podcast #32 - Canadian Conference on the Elderly Continued

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During Hull of Estate and Succession Planning Episode 32, we continued to discuss the Elder Law Conference with an emphasis on what the Canadian Centre for Elder Law Studies is currently working on, highlighing their past work and discussing its mission of enriching and informing the elderly in the law.

Hull on Estate and Succession Planning Podcast #31 - Canadian Conference on the Elderly

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During Hull on Estate and Succession Planning Episode 31, we discussed the various aspects of the Canadian Conference on the Elderly presented by the Canadian Centre for Elder Law including how the Courts are dealing with elder law and elder law situations.

Hull on Estates Podcast #31 - Contingency Fee Agreements in the Context of Estate Litigation

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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 Estate and Succession Planning Podcast 30 - Calgary STEP Seminar and the Family Conference

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During Hull on Estate and Succession Planning Episode 30, we discussed our attendance at the Calgary STEP Seminar, the family meeting and the process followed during the family meeting and we discussed the new book by Jordan Atin, Barry Fish and Les Kotzer entitled "The Family War, Winning the Inheritance Battle".

 

Hull on Estates Podcast #30 - Security for Costs Motions

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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 Estate and Succession Planning Podcast #29 - Full Disclosure at the Family Conference

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During Hull on Estate and Succession Planning Podcast #29 , we discussed the need for disclosure of all financial information during the family conference.

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

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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 Estate and Succession Planning Podcast #28 - Attending the Family Conference

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During Hull on Estate and Succession Planning Episode 28, we discussed:

  • attendance at the family conference;
  • the steps followed once there;
  • the role of the mediator;
  • the content of the Family Conference Agreement; and
  • the Family Conference Rules.

Hull on Estates Podcast #27 - Compensation of an Estate Trustee Continued

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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 Estate and Succession Planning Podcast #27 - Choosing a Chairperson for the Family Conference

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During Hull on Estate and Succession Planning Episode 27, we continued our discussion on the family conference solution. We focused on how to choose the appropriate Chairperson of the conference, how to choose an appropriate mediator and discussed agenda flexibility.

Hull on Estate and Succession Planning Podcast #26 - Preparing an Agenda for the Family Conference

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During Hull on Estate and Succession Planning Podcast #26, we discussed the importance of preparing an agenda for the family conference. --------

 

Hull on Estates Podcast #26 - Compensation of an Estate Trustee

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During Hull on Estates Podcast #26, we discussed compensation of an estate trustee.

Hull on Estate and Succession Planning Podcast #25 - The Family Conference Solution Continued

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During episode #25 of Hull on Estate and Succession Planning, we continued our discussion on the family conference solution with a focus on whom to invite to the conference and where it should be held.

Hull on Estates Podcast #25 - Why We Blog

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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 Estate and Succession Planning Podcast #24 - The Family Conference Solution continued

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During Hull on Estate and Estate and Succession Planning Podcast #24, we continued our summary review of the Family Conference Solution with an emphasis on the importance of disclosure.

 

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

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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 Estate and Succession Planning Podcast #23 - The Family Conference Solution

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During Hull on Estate and Succession Planning Podcast #23, we introduced the Family Conference Solution.

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 Estate and Succession Planning Podcast #22 - The Legal Process and its Costs continued

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During Hull on Estate and Succession Planning Podcast #22, we continued our discussion on the stages of the legal process and its costs. The last three of the six stages were noted as follows:

4) Pre-trial conference;

5) Trial;

6) Appeal.

We also discussed the importance of mediation to legal and estate matters.

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 Estate and Succession Planning Podcast #21 - The Legal Process and its Costs

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During Hull on Estate and Succession Planning Podcast #21, we discussed 3 of the 6 stages of the legal process surrounding Estate Litigation. These stages are as follows:

1) Order organizing the Litigation;
2) Collecting and Disclosing Evidence and;

3) Discoveries.

Hull on Estate and Succession Planning Podcast #20 - Claims against the Estate

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During Hull on Estate and Succession Planning Podcast #20, we wrapped up our analysis of the 10 causes of Estate Litigation and discussed Breach of Contract and Constructive Trust Claims.

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 Estate and Succession Planning Podcast #19 - Family Law Entitlements

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During Hull on Estate and Succession Planning Podcast #19, we reviewed the frequent causes of Estate litigation, discussed Dependent Relief Claims and looked more intensely at Family Law Entitlements.

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 Estate and Succession Planning Podcast #18 - The Causes of Estate Litigation Continued

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In Hull on Estate and Succession Planning Podcast #18, we discussed three more frequent causes of estate litigation:

1) Poorly drafted documents;

2) Lack of sufficient planning for the estate assets;

3) Improper actions of the trustee or executor.

 

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 Estate and Succession Planning Podcast #17 - The Causes of Estate Litigation continued

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During Hull on Estate and Succession Planning Episode 17, we continued our discussion on the causes of Estate Litigation. Four more causes were established as:

1) The reluctance to seek advice;

2) Acrimonious extended family;

3) Frailties and secrets;

4) Intransigent family members.

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 Estate and Succession Planning Podcast #16 - The Causes of Estate Litigation

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During Hull on Estate and Succession Planning Podcast #16, we discussed 3 of the 10 causes of estate litigation. The 3 causes discussed are as follows:

1) A lack of understanding on the need for an estate plan;

2) An estate plan which is no longer current;

3) Inadequate estate planning advice.

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 Estate and Succession Planning Podcast #15 - Powers of Attorney for Property and Personal Care

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In Hull on Estate and Succession Planning Podcast #15, we continued with our discussion on Powers of Attorney for Property, from both a non-contentious and contentious perspective, and we discussed Powers of Attorney for Personal Care as well.

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 Estate and Succession Planning Podcast #14 - Powers of Attorney

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During Hull on Estate and Succession Planning Podcast #14, we discussed Powers of Attorney. ------

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 Estate and Succession Planning Podcast #13 - Estate Freezes

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During Hull on Estate and Succession Planning Podcast #13, we discussed Estate freezes.

Hull on Estate and Succession Planning Podcast #12 - The "Prudent Investor" Rule

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In Hull on Estate and Succession Planning Podcast #12, we continued with our discussion of trusts and, in particular, the concepts of the "prudent investor" rule and incentive trusts.

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 Estate and Succession Planning Podcast #11 - The Concept of Trusts

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During this episode of Hull on Estate and Succession Planning, we talked about:

(i) the concept of trusts;

(ii) different types of trusts;

(iii) the advantages of a trust;

(iv) considerations in choosing a trustee; and

(v) an illustraion of how trusts provide much needed flexibility. --------

Hull on Estate and Succession Planning Podcast #10 - A Discussion of Taxes

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During this podcast, Suzana discussed the type of taxes that arise on death and suggested ways to defer or reduce each of them:

(i) capital gains tax;

(ii) tax on RRSP and RRIF assets; and

(iii) probate fees Suzana then discussed other tax reduction strategies as well. --------

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 Estate and Succession Planning Podcast #9 - The Recreational Property "Conundrum"

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During this podcast, we discussed the following:

(i) the accounting obligations of an Executor;

(ii) the concepts of informal and formal accounts;

(iii) investment of Estate assets;

(iv) the recreational property "conundrum"; and

(v) planning for capital gains taxes. --------

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 Estate and Succession Planning Podcast #8 - The Role of the Executor and Removing Executors

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During this podcast on the role of the Executor, we discussed the following:

(i) Executor's fees;

(ii) the use of professionals by the Executor;

(iii) removing Executors; and

(iv) income tax filings. --------

Hull on Estate and Succession Planning Podcast #7 - The Role of an Executor continued

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During this podcast on the role of the Executor, we discussed the following:

(i) applying for probate;

(ii) timing of distributions;

(iii) making funeral arrangements;

(iv) locating the will;

(v) filing the final tax return; and

(vi) providing information to beneficiaries. --------

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 Estate and Succession Planning Podcast #6 - The General Role of an Executor

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During this podcast, we discussed the following:

(i) the general role of the Executor;

(ii) collecting and distributing assets; and

(iii) applying for probate. --------

Hull On Estates Podcast #6 - Testamentary Capacity

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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 Estate and Succession Planning Podcast #5 - Successful Will Drafting

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During our podcast, we continued our discussion on ways to "bullet-proof" a will:

(iv) properly documenting any gifts you make during your lifetime;

(v) carefully considering unequal treatment of your beneficiaries;

(vi) will drafting - losing a gift if you challenge the will;

(vii) contracts not to contest a will; and

(viii) avoiding making casual "will like" dispositions. --------

Hull on Estates Podcast # 5 - More on Drafting Wills

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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 Estate and Succession Planning Podcast #4 - "Bullet-proofing" a Will

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During our podcast, we discussed way to "bullet-proof" a will:

(i) ensuring you have proof of your mental capacity to sign a will;

(ii) protecting against claims of undue influence; and

(iii) ensuring your will is properly executed. --------

Hull On Estates Podcast #4 - Legal Issues when Drafting a Will

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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 Estate and Succession Planning Podcast #3 - More on Wills

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During our podcast, we discussed the following legal issues:

(i) role of an Executor;

(ii) children and the Corvette effect;

(iii) guardianship (iv)what happens when you die without a will;

(v)the difference between a holograph and typewritten will; and

(vi)considerations when amending a will. --------

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 Estate and Succession Planning Podcast #2 - Estate Plans & Wills

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During this podcast, we discussed the following legal issues:

(i) reducing the estate tax bill;

(ii) protecting your assets;

(iii) distribution of assets; and

(iv) gifts of income. --------

Hull On Estates Podcast #2 - Testamentary Capacity

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During Hull on Estates Podcast #2, we discussed the concept of testamentary capacity.

An Introduction to Hull on Estate and Succession Planning

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During our podcast, we discussed the following legal issues:

(i) The financial and emotional costs of estate litigation;

(ii) Protecting your estate with advance planning;

a. develop a comprehensive estate plan

b. consulting with beneficiaries in advance --------