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Tag Archives: insurance

Hull on Estates Episode #311 – Beneficiary Designations When a Will Is Revoked

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
 Listen to: Hull on Estates Episode #311 – Beneficiary Designations When a Will Is Revoked    This week on Hull on Estates, Paul Trudelle and Holly LeValliant discuss beneficiary designations when a will is revoked. More specifically, they discuss a recent decision made by the Ontario Superior Court of Justice: Petch v. Kuivila, 2012 ONSC … Continue Reading

Financial Services for Plaintiffs

Posted in Litigation
With the recent case law moving in the direction of “loser pays”, costs in estates matters are becoming more and more of a concern to litigants. If only there was insurance against such a risk, you say. Well, now there may be, in certain cases. It is called Opponent’s Costs Indemnity (OCI©) and it is offered by … Continue Reading

You Be the Judge – Life Insurance Under a Separation Agreement – Part II

Posted in Litigation, Support After Death
Yesterday, I set out the fact situation in Turner v. DiDonato (2009), 95 O.R. (3d) 147 (Ont. C.A.). The trial judge decided that Dilia was entitled to the difference between the insurance proceeds that she received and the $100,000 insurance policy that was supposed to be in place. The trial decision was upheld on appeal. The … Continue Reading

Correcting Beneficiary Designations

Posted in Estate & Trust
Declarations of beneficiaries of Life Insurance policies are sometimes thought to be “unassailable.” However, where a deceased’s first spouse is unexpectedly the named beneficiary of a life insurance policy owned by the deceased, the second spouse may have recourse to various legal remedies in an attempt to remedy what is argued to be an unjust … Continue Reading

Administration of the Assets of the Estate – Hull on Estates and Succession Planning #107

Posted in Hull on Estate and Succession Planning, PODCASTS / AUDIO
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 … Continue Reading

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

Posted in Hull on Estates, Hull on Estates, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED
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 … Continue Reading

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

Posted in Estate & Trust, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Show Notes, TOPICS
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 … Continue Reading

Interest Not Payable on Insurance Proceeds Until Declaration of Death

Posted in Archived BLOG POSTS - Hull on Estates, Litigation
Interest is normally paid on the proceeds of a policy of life insurance thirty days after the insurer receives sufficient evidence of the claim. The requirements are mandated by statute. What happens, however, where the insured “disappears”, and the beneficiary brings an application for a declaration of death? Is interest payable from the date of death … Continue Reading

INSURANCE ISSUES AND VIATICAL SETTLEMENTS – PART II

Posted in Archived BLOG POSTS - Hull on Estates, Elder Law Insurance Issues
Continuing with our review of the Canadian Centre for Elder Law Studies’ paper on viatical settlements, we note that the paper is broken down into 7 parts, starting with a brief introduction and an examination of typical viatical settlements. There is also a review of American academic articles and the study looked at the historical … Continue Reading

INSURANCE ISSUES AND VIATICAL SETTLEMENTS – PART I

Posted in Archived BLOG POSTS - Hull on Estates, Elder Law Insurance Issues
The Canadian Centre for Elder Law Studies has produced an excellent study paper on viatical settlements. In the executive summary, the study paper defines a viatical settlement as a transaction in which an insured person with diminished life expectancy transfers the entitlement to receive the death benefit under the policy of insurance to another person. … Continue Reading
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