Toronto Estate Law Blog : Toronto Estate Lawyer : Hull & Hull Law Firm : Trust Mediation and Succession Planning : Serving Ontario, Ottawa, Mississauga, Hamilton

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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.

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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.

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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.

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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.

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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.

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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.
 

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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.

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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.

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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.

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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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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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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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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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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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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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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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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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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.

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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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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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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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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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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.

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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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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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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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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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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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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/.