Listen to Talking About Wealth and Personal Finance.
This week on Hull on Estates Suzanna and Ian review the pullout in March 18th's New York Times and talk about the importance of dialog before and after death.
Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.
Continue Reading...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.
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:
Continue Reading...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...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/.
Continue Reading...Listen to Karkus v. Cotroneo 2007
This week on
Listen to Proprietary Estoppel
This week on Hull on Estates, David Smith and Rick Bickhram discuss proprietary estoppel.
Continue Reading...Listen to Consent Orders
This week on Hull on Estates, David Smith and Christopher Graham discuss what to consider as a lawyer seeking an order on consent.
Continue Reading...Listen to Estate Assets
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.
Continue Reading...Listen to Probate Issues and Requirements
Continue Reading...
Listen to Preparing for Trials in the Context of Contested Passing of Accounts
In this podcast, Craig Vander Zee and Paul Trudelle discuss trial preparation considerations in the context of a contested passing of accounts.
Listen to The Lesser Rules of Estate Litigation
This week on Hull on Estates, David Smith and Justin de Vries discuss the less-known rules (Rules 8-11) of estate litigation.
Continue Reading...Listen to the STEP and Elder Law Conferences
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...Listen to Getting Off the Record
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.
Continue Reading...
Listen to Trust Claims and Non-Married Spouses
This week on
Listen to Appointing, Changing or Removing Trustees.
This week on Hull on Estates, Craig Vander Zee and Paul Trudelle discuss the issues surrounding trustee appointments and changes.
Continue Reading...Listen to Court Order Compliance
This week on Hull on Estates, Sean Graham and Justin deVries talk about court order compliance, contempt and enforcement of court orders in general.
Continue Reading...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.
Continue Reading...Listen to "Estate Planning Tips"
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.
Continue Reading...Listen to The Benefits and Pitfalls of Incentive Trusts
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.
Listen to "The Removal of Estate Trustees"
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.
Click "Continue Reading" for the transcribed version of this podcast.
Listen to "Your Sins Are Not Forgiven - Cost Awards and Charities"
Read the transcribed version of "Your Sins are Not Forgiven - Cost Awards and Charities"
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.)
Click "Continue Reading" for the transcribed version of this podcast.
Continue Reading...Listen to "Pet Trust Funds"
Read the transcribed version of "Pet Trust Funds"
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.
Click "Continue Reading" for the transcribed version of the podcast.
Continue Reading...Listen to "Securing Interest in Land in Litigation"
Read the transcribed version of "Securing Interest in Land in Litigation"
In this week's episode of Hull on Estates, Sean Graham and Natalia Angelini discuss securing interest in land in litigation.
Click "Continue Reading" to read the transcribed version of this podcast.
Continue Reading...Listen to "Spousal Exclusion Issues"
Read the transcribed version of "Spousal Exclusion Issues"
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.
Click "Continue Reading" to read the transcribed version of this podcast.
Listen to "Dickie and Dickie"
Read the transcribed version of "Dickie and Dickie"
Click "Continue Reading" for the transcribed version of this podcast.
Listen to "Estate Law Case Study"
Read the transcribed version of "Estate Law Case Study"
In this week's episode of Hull on Estates, Justin and Megan discuss a case study.
Click "Continue Reading" to read the transcribed version of this podcast.
Continue Reading...Read the transcribed version of "Trusts"
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.
Click "Continue Reading" for the transcribed version of this podcast.
Listen to "Litigation Involving Minors"
Read the transcribed version of "Litigation Involving Minors"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.).
Click "Continue Reading" for the transcribed version of this podcast.
Listen to "Partition in Sale Proceedings"
Read the transcribed version of "Partition in Sale Proceedings"
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.
Click "Continue Reading" for the transcribed version of this podcast.
Listen to "Demand Promissory Notes and the Estate"
Read the transcribed version of "Demand Promissory Notes and the Estate"
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.
Click "Continue Reading" for the transcribed version of this podcast.Read the transcribed version of "Joint Accounts"
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.
Listen to "Interim Support in Dependent Support Claims"
Read the transcribed version of "Interim Support in Dependent Support Claims"
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.
Listen to "Testamentary Intent: Holograph Wills"
Read the transcribed version of "Testamentary Intent: Holograph Wills"
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.)
Listen to "Tips for Managing and Controlling Estate Litigation - Conclusion"
Read the transcribed version of "Tips for Managing and Controlling Estate Litigation - Conclusion""
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.).
Listen to "What Happened to My Gift: The Principle of Ademption"
Read the transcribed version of "What Happened to My Gift: The Principle of Ademption"
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?
Listen to "The Solicitor/Client Privilege and the Duty of Confidentiality"
Read the transcribed version of "The Solicitor/Client Privilege and the Duty of Confidentiality"
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.
Listen to "Mutual Wills"
Read the transcribed version of "Mutual Wills"
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.
Listen to "Joint Accounts"
Read the transcribed version of "Joint Accounts"
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.
Listen to "The Use of Contempt Motions in the Estate Context"
Read the transcribed version of "The Use of Contempt Motions in the Estate Context"
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.
Listen to "A Dutch Treat; Conflict of Laws and Estate Administration - Which Law Governs?"
Read the transcribed version of "A Dutch Treat; Conflict of Laws and Estate Administration"
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:
Listen to "The Hull & Hull website and a Practice Tip"
Read the transcribed version of "The Hull & Hull website and a Practice Tip"
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.