Podcasts by Hull on Estates

#780 - About Guardianship Bonds from 2023-12-05T12:00

This week on Hull on Estates, Nick Esterbauer and Zahra Attir follow up to their podcast on Estate Administration Bonds to discuss the nature of guardianship bonds and the circumstances under which...

#679 – When Estate Planning Techniques Backfire from 2023-11-21T07:01

This week on Hull on Estates, Doreen So and Darien Murray discuss Justice Charney’s decision in Jackson v Rosenberg which provides a great summary of the basic property law concepts that are at the...

678 - The Law of Minimum Evidentiary Threshold in Will Challenge Litigation. from 2023-11-01T04:34

This week on Hull on Estates, Stuart Clark and James Macfarlane discuss the recent decision of Justice Myers in , in which His Honour addresses the application of the law of minimum evidentiary thr...

#677 – The Use of Cautions and Section 9 of the Estates Administration Act from 2023-10-17T13:37

  This week on Hull on Estates, Natalia Angelini and Mark Lahn discuss the recent motion in Marcy v. Marcy. This motion dealt with the appropriate use of cautions in estates matters and the implica...

#676 - A Refresher on Multiple Wills from 2023-10-16T07:00

This week on Hull on Estates, Jonathon Kappy and Daniel Boucher, provide a refresher on multiple wills, how they can be used, and how they can backfire.  Follow us on social media: If you have...

675 - When are estate administration bonds required? from 2023-09-26T12:48

This week on Hull on Estates, Nick Esterbauer and Zahra Attir discuss the circumstances under which applicants applying for various Certificates of Appointment of Estate Trustees are required to po...

674 - Medical Privacy in Will Challenges: A look from Gilbert v Girouard from 2023-09-12T07:00

In today's episode, Doreen So and Diana McBey discuss , and how the Court may, in the right circumstances, protect a Deceased's medical privacy from those wishing to challenge their Will. Follow u...

#673 - Schutz Estate (Re) from 2023-08-29T07:00

This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the concept of insulating claims that may otherwise be statute-barred if brought within a passing of accounts with reference to the...

#672 - Hot off the press – Recent decisions that examine the application of new section 21.1(1) of the SLRA from 2023-08-15T11:00

Natalia Angelini and Sydney Osmar review recent decisions out of the Superior Court of Justice regarding the application and interpretation of new substantial compliance legislation, section 21.1(1...

#671 - Will Challenge by Jury? from 2023-08-01T11:00

This week on Hull on Estates, and , discuss the case surrounding Aretha Franklin's will and the impact a jury trial has on a will challenge. They discuss the importance of properly planning and co...

#670 - Titan Submersible: Unlocking the Depths of Ontario’s Declarations of Death Act, 2002 from 2023-07-18T11:00

This week on Hull on Estates, and dive into the depths of Ontario’s Declarations of Death Act, 2002, as they explore the intersection of the Titan Submersible and the legal complexities surroundi...

Hull on Estates Podcast #669: Selling Property that is the Subject of a Specific Testamentary Gift from 2023-07-11T14:17

This week on Hull on Estates, Doreen So and Darien Murray discuss a case which examines the ability of Attorneys for Property to sell property that is the subject of a specific testamentary gift. ...

#667: The Ramifications of Gifting Assets To Yourself As POA from 2023-06-06T10:00

This week on Hull On Estates, and review the case of , which is a cautionary tale for those acting as a Power of Attorney who make gifts to themselves. This case deals with issues commonly encoun...

#666 - Rectification and the Importance of Obtaining Clear Instructions when Drafting a Will from 2023-05-23T06:00

This week on Hull on Estates, and discuss Gorgi v Ihnatowych, 2023 ONSC 1803, and how an expansive approach to rectification may fit into a trend toward giving effect to well-documented testament...

664 - Removing Estate Trustees: Ontario vs Saskatchewan from 2023-04-25T06:00

In today’s episode, Doreen So and Diana McBey discuss Nagy v. Graves, , and how the Saskatchewan framework for estate administrations and the removal of estate trustees differs from that of Ontario.

#663 - Recent Judicial Guidance on Applying the Cy-Pres Doctrine from 2023-04-04T06:00

This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the recent decision in Dors et al. v. The Public Guardian and Trustee, 2023 ONSC 1503, where the Ontario Superior Court of Justice ...

#662 – When does the First Dealings Exemption Apply? from 2023-03-28T07:00

  This week on Hull on Estates, Natalia Angelini and Sydney Osmar provide a refresher on the First Dealings Exemption, including what it is, when it applies, and why its important for Estate practi...

Challenging the Validity of a Will While the Testator is Still Alive. from 2023-03-14T12:00

This week on Hull on Estates, Jonathon Kappy and Margarita Grup discuss the recent decision in Palichuk v. Palichuk, where the Court of Appeal for Ontario addressed the difficulties in bringing a ...

#660 – When can an Attorney for Property be Required to Formally Pass Their Accounts? from 2023-02-28T07:00

This week on Hull on Estates, and discuss the recent decision in , and factors that a court may consider in determining whether to exercise its discretion to order an attorney for property to for...

#659 - Medical Assistance in Dying and Upcoming Changes from 2023-02-14T11:00

This week in Hull on Estate, and discuss the current status of Medical Assistance in Dying in Canada, its applicability in estate planning and possible upcoming changes to the law. Follow us on ...

#658 - Handwritten Alternations and Holograph Wills from 2023-02-01T04:04

This week on Hull on Estates, Stuart Clark and Aanchal Bajaj discuss the role of handwritten wills, handwritten amendments and holographic wills.    Follow us on social media:

#657 – When can a trustee set-off debts owing to the estate? from 2023-01-17T12:00

This week on Hull on Estates, Natalia Angelini and Mark Lahn discuss the recent case of  and the rule in Cherry v. Boultbee, which deal with situations in which an estate trustee can set-off a debt...

#656 - New Real Estate Issues to Consider in 2023 – How Will They Affect Estate Administration? from 2023-01-10T11:00

This week on Hull on Estates, Jonathon Kappy and Sara Moledina discuss three changes to the purchasing and taxation of real estate that come into force in 2023, and how they might affect Estates. N...

655 - Re Sandhu: Can My Kids Force Me To Submit For A Capacity Assessment? from 2023-01-03T19:35

This week on Hull on Estates, Nick Esterbauer and Michael Krznaric discuss the Re Sandhu, , decision and consider factors that may be considered when seeking to compel someone to submit for a capac...

#654 – Case Analysis on Duhn Estate from Alberta and the Cultural Shift within Canadian Estate Courts from 2022-12-13T11:00

This week on Hull on Estates, Doreen So and Jennifer Wan discuss the Alberta Lower Court and Court of Appeal decisions on  and , respectively, and consider its implications regarding the Cultural S...

#653 - The Importance of Corroboration in Succeeding in a Summary Judgment Motion. from 2022-11-29T12:00

Hull on Estates Podcast #653: This week on Hull on Estates, Jonathon Kappy and Mohena Singh revisit Moore v Sweet in the recent Ontario Court of Appeal decision of Fair v BMO Nesbitt Burns Inc., an...

Hull on Estates #652 - Scalia v Scalia: When can an Attorney for Property sever a joint tenancy? from 2022-11-15T11:00

This week on Hull on estates, Stuart Clark and Mashal Hakimi discuss the Ontario court of appeal decision case of Scalia v Scalia 2015 ONCA 492, regarding whether a power of attorney can severe a j...

Hull on Estates #651 - Wolk v Wolk: Testator’s Intentions and Finding a Valid Gift from 2022-11-01T10:00

This week in Hull on Estates, Natalia Angelini and Raphael Leitz discuss the recent decision in , and the powers of the Court to find a gift valid even where it does not meet formal statutory requi...

#650 - O’Connor v O’Connor: a Lesson in Excluding Inheritances from Family Law Equalizations from 2022-10-18T11:00

This week in Hull on Estates, Nick Esterbauer and Darien Murray discuss the recent decision in O’Connor v O’Connor, , and the impact of issues of inheritances and joint accounts in the context of m...

#649 - When can a person be liable for the actions of an Estate Trustee? from 2022-10-04T11:00

In this episode of Hull On Estates, Jonathon Kappy and Mark Lahn discuss the recent decision in where an individual was found liable for the actions of an estate trustee based on her assistance in...

#648 - Can the Outline of a Will be Submitted for Probate? from 2022-09-20T11:00:16

Can an outline of a will be submitted in an Application for Appointment of Estate Trustee with a Will? In today’s episode of Hull on Estates, Doreen So and Artur Adamin discuss a recent decision, ,...

#647 - Zombie Deeds from 2022-09-06T10:00:14

Zombie Deeds    Can legal title to real property be transferred after the transfer is executed but before it is registered? In today's episode of Hull on Estates, Nicole Cianci and Paul Trudelle di...

#646 - Huang v. Braga: A Party Under Disability Disagrees with a Settlement Approved by the Court from 2022-08-23T10:00:21

This week on Hull on Estates, Stuart Clark and Tsvetomira Niklin discuss the Court of Appeal's decision in , where a party under disability sought leave to appeal the Court's approval of a settleme...

#645 – Mediation Agreements from 2022-08-09T10:00:49

This week on Hull on Estates Natalia Angelini and Aanchal Bajaj discuss the settlement exception to mediated agreement  and enforcing agreements agreed to during mediation in . Follow us on Social...

#644 – Revisiting Limitation Periods in Passings of Accounts from 2022-07-26T10:00

This week on Hull on Estates, Nick Esterbauer and Jennifer Wan discuss the Ontario Superior Court of Justice’s decision in the  and consider possible implications regarding limitation periods appli...

#643 – The Passing Over of an Estate Trustee from 2022-07-12T11:00

This week on Hull on Estates, Jonathon Kappy and Ashley Naipaul discuss , where the court exercises its discretion to “pass over” a named estate trustee in a will.

#642 – The Limitations of a Trustee’s Absolute Discretion from 2022-06-28T11:00

This week on Hull on Estates, Doreen So and Mohena Singh discuss the Court of Appeal case of , where the court explains when they can substitute a trustees’ absolute discretion in distributing fund...

#641 – Are Pour-Over Clauses Valid in Ontario? from 2022-06-14T11:00

This week on Hull on Estates, Paul Trudelle and Artur Adamian discuss , a case that considers whether pour-over clauses should be valid in Ontario.

#640 - “License or Life Interest?” from 2022-05-31T11:00

This week on Hull on Estates, Stuart Clark and Nicole Cianci discuss the recent Ontario Court of Appeal decision, Barsoski Estate v. Wesley, 2022 ONCA 399, which comments on the difference between ...

#639 – Winkler v Thompson from 2022-05-17T11:00

This week on Hull on Estates, Natalia Angelini and Endrita Isaj discuss the case of and consider important issues such as when the obligation to keep accounts arises and the importance of good rec...

#638 - Electronic Wills in Ontario - Still Loading… from 2022-05-03T15:08:04

This week on Hull on Estates, Nick Esterbauer and Tsvetomira Niklin discuss electronic wills in the context of the Quebec Court of Appeal’s decision in , and review differences in inter-provincial ...

#637 - Entitlement to Interim Support for Common-Law Spouses from 2022-04-19T15:20:22

This week on Hull on Estates, Doreen So and Mohena Singh discuss , a case that considers whether a common-law spouse is entitled to interim support from the estate and the procedural implications o...

#636 - An Interview with Jordan Atin of eState Planner | Part 2 from 2022-04-05T11:00

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag return for part 2 of their conversation with Jordan Atin, Co-founder and CEO of eState Planner. The three of them continue discussin...

#635 – An Interview with Jordan Atin of eState Planner| Part 1 from 2022-03-22T11:00:03

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag are joined by Jordan Atin, Co-founder and CEO of . In part 1 of this 2-part series, the three of them discuss the importance of data...

#634 - Beneficiary Designations and the Presumption of Resulting Trust from 2022-03-08T12:00

This week on Hull on Estates, Jonathon Kappy and Ashley Naipaul discuss  with a focus on how a beneficiary designation of an RRIF is properly characterized relative to an estate, and whether the pr...

#633 – Charities and Trusts 101 from 2022-02-22T12:00

Today, Stuart Clark and Fred Tonelli discuss charities law in the wider context of trusts law, including the “three certainties” of a trust, the four defined “charitable purposes” under statute, an...

#632 – An Interview with Jenna Carvalho from 2022-02-08T12:00

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag are joined by Jenna Carvalho, founder of Guardian Estate Company. The three of them discuss the unique services that Guardian Estate...

#631 – A Novel (Unsuccessful) Attempt to Declare that Real Property Vested from 2022-01-25T12:00

On today's podcast, Paul Trudelle and Endrita Isaj discuss the recent case of , where the court provides commentary on the vesting of property and under what circumstances property vests in benefic...

#630 - Presumption of Resulting Trust and the Uncertainty Around Beneficiary Designations from 2022-01-11T12:00

This week on Hull on Estates, Natalia Angelini and Mohena Singh discuss the recent Nova Scotia case, , which comments on the presumption of resulting trust and beneficiary designations. The history...

#629 – Rudin-Brown et al v. Brown - Costs Decision from 2021-12-28T12:00

In today’s podcast, Doreen So and Tori Joseph discuss the costs decision in Rudin-Brown et al v. Brown, and whether this decision was fair and proportionate in light of the evidence.

#627 – Commissioning an Affidavit for a non-English Speaker from 2021-12-14T12:00

This week, Jonathon Kappy and Fred Tonelli discuss the recent Teefy decision (), which included a comment from Justice Nordheimer about the proper method of commissioning an Affidavit of a deponent...

#627 – What is the Role of the Office of the Public Guardian and Trustee? from 2021-11-30T12:00

This week, Paul Trudelle and Sanaya Mistry discuss the different roles of the Office of the Public Guardian and Trustee and how they can help. For more information, please read Natalia Angelini’s .   

#626 – Are an Applicant’s Own Medical Records Producible in a Will Challenge? from 2021-11-16T12:00

This week, Stuart Clark and Sydney Osmar discuss , a recent decision out of the Superior Court of Justice where the Court refused to order the production of the Applicant’s medical records in the c...

#625 – The New Standard for Limitation Periods from 2021-11-02T11:00

This week on Hull on Estates, Natalia Angelini and Diana Betlej discuss , and applying the new standard for limitation periods.

#624 – Worsoff and Virtual vs. In-Person Examinations from 2021-10-19T11:00

This week on Hull on Estates, Doreen So discuss and Fred Tonelli the recent decision of  and its implications regarding the future of in-person litigation, in light of the legal profession’s growin...

#623 - Unjust Enrichment and Constructive Trusts in the Commercial Context from 2021-10-05T11:00

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the decision of Ryan v Ryan, 2021 NLSC 119, in which the basic principles behind unjust enrichment were applied to impress c...

#622 – To Be a Trustee or Not to Be? from 2021-09-21T11:00

On today’s podcast, Paul Trudelle and Juanita Valencia discuss the issue of when a person receiving funds becomes a trustee, as analyzed in .  

#621 - What is a Limited Grant and When Should You Consider Using It? from 2021-09-07T11:00

On today’s podcast, Stuart Clark and Rebecca Rauws discuss the limited grant under s. 29(3) of the  as a tool to consider when probate may be delayed, but there is an urgent need to deal with an es...

#620 - Can the Court Cure an Unexecuted Will? from 2021-08-24T11:00

In today’s podcast, Natalia Angelini and Arielle Di Iulio discuss the recent decision of Bishop Estate v Sheardown,  which involves the Court’s discretion to validate an unexecuted Will under s.58 ...

#619 – A Discussion on the Admissibility of Recordings from 2021-08-10T11:00

In today’s podcast, Doreen So and Sanaya Mistry discuss the recent decision in Rudin-Brown et al. v. Brown and Brown v. Rudin-Brown et al., 2021 ONSC 336, which examines the admissibility of audio ...

#618 - Notwithstanding any agreement to the contrary: Can you contract out of Dependant Support Obligations? from 2021-07-27T11:00

In today’s podcast, and discuss the recent decision Virey v. Virey, 2021 ONSC 2893 which examines the Court’s broad discretion to order an award for support even in cases where the parties may ha...

#617 – Crossing the Threshold for a Will Challenge from 2021-07-13T11:00

This week, Paul Trudelle and Fred Tonelli discuss the decision and corresponding order in Morrish v Katona ONSC 3805, and review the threshold to challenge a will and compensation due to an examine...

#616 - Objectors Beware: Costs in Passings of Accounts from 2021-06-29T11:00

Stuart Clark and Nick Esterbauer discuss the costs decision in Toller James Montague Cranston (Estate of), , and review factors that may result in an elevated costs award in passings of accounts.

#615 – The Role of the Medical Expert in Determining Undue Influence from 2021-06-15T11:00

On today’s podcast, Natalia Angelini and Rebecca Rauws discuss a recent article from The Canadian Journal of Psychiatry entitled “Susceptibility to Undue Influence: The Role of the Medical Expert i...

#614 – Validity of a Handwritten Will and Appointment of an Estate Trustee in Conflict from 2021-06-01T11:00

This week on Hull on Estates, Doreen So and Arielle Di Iulio discuss the recent decision of Langrandeur Estate (Re), , where the court addresses the validity of a will containing both typewritten a...

#613 - The Extent of an Estate Trustee’s Duty to Account from 2021-05-18T18:22:18

This week on Hull on Estates Jonathon Kappy and Sanaya Mistry discuss the recent decision of , which considers an Estate Trustee’s obligation to account for the assets of the Estate and those which...

#612 - Independent Adult Children from 2021-05-04T11:00

This week on Hull on Estates Paul Trudelle and Sydney Osmar discuss moral claims for relief under BC’s Wills, Estates and Succession Act.

#611 - Production Orders and Drafting Solicitor’s Files from 2021-04-20T11:00

This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss the recent decision of , pertaining to production of preceding Wills and a drafting solicitor's records.

#610 – Inherent Jurisdiction and Standing in Trust Litigation from 2021-04-06T11:00

This week on Hull on Estates, Natalia Angelini and Garrett Horrocks discuss the recent Ontario Court of Appeal decision in Carroll v Toronto Dominion Bank, 2021 ONCA 38, pertaining to the issue of ...

#609 – Will Validation Law Proposed for Ontario from 2021-03-23T11:00

This week on Hull on Estates, Doreen So and Nick Esterbauer discuss ’s proposed addition of Section 21.1 to the Succession Law Reform Act and contemplate the differences between strict compliance, ...

#608 - Bill 245: Upcoming Changes to the Succession Law Reform Act from 2021-03-09T12:00

This week on Hull on Estates, Jonathon Kappy and Rebecca Rauws discuss , and the upcoming changes to the law if the Bill is passed. Bill 245 includes, among other things, changes to the Succession ...

#607 - Capacity to Instruct Counsel and the Appointment of a Litigation Guardian from 2021-02-23T12:00

This week on Hull on Estates, Paul Trudelle and Arielle Di Iulio discuss the test for capacity to instruct counsel and the appointment of litigation guardians in the recent decision of Susan Eng v....

#606 - The Unorthodox Expansion of Pecore from 2021-02-09T12:00

This week on Hull on Estates, Stuart Clark and Jennifer Philpott discuss the unorthodox use of Pecore v. Pecore, 2007 SCC 17, in the recent decisions PGT v. Cherneyko, 2021 ONSC 107, and Calmusky v...

#605 - Obligations of Attorneys from 2021-01-26T12:00

This week on Hull on Estates, Natalia Angelini and Sanaya Mistry discuss the fiduciary duty and obligations of attorneys for property and the recent decision in Public Guardian and Trustee v. Chern...

#604 - Use of Reproductive Material After Death: Written Consent Required from 2020-12-22T12:00

This week on Hull on Estates, Jonathon Kappy and Sydney Osmar discuss a recent decision arising out of the British Columbia Court of Appeal which provides a definitive answer on when reproductive m...

#603 - Updates to the Rules of Civil Procedure from 2020-12-08T12:00

This week on Hull on Estates, Paul Trudelle and Nick Esterbauer review upcoming changes to the Rules of Civil Procedure as set out in , effective January 1, 2021.

#602 - Can You Appoint a Litigation Guardian for Unborn and Unascertained Beneficiaries? from 2020-11-24T12:00

This week on Hull on Estate, Stuart Clark and Garrett Horrocks discuss the distinction between appointing a "litigation guardian" or seeking a "representation order" when dealing with the interests...

#601 - Proving Secret Trusts from 2020-11-10T12:00

This week on Hull on Estates, Natalia Angelini and Kira Domratchev discuss secret trusts and the recent decision of the British Columbia Court of Appeal in Bergler v Odenthal, 2020 BCCA 175.  

#600 - Keeping Your Spouse Informed: Estate Freezes from 2020-10-27T11:00

This week on Hull on Estates, Doreen So and Noah Weisberg discuss estate freezes and the importance of keeping your spouse and other family members informed in Hamm v. Hamm (Estate of), . 

Hull and Estates from 2018-03-06T12:00

Today on Hull on Estates, Paul Trudelle and Kira Domratchev discuss the decision of the Ontario Court of Appeal in Levesque v Crampton Estate, 2017 ONCA 455, which dealt with the question of whethe...

Hull on Estates #474 - Costs Awards and Offers to Settle from 2016-07-05T11:00

This week on Hull on Estates, Paul Trudelle and Umair Abdul Qadir discuss awards for costs and the Court’s consideration of offers to settle in . Read more about the Sorozan decision . Should you h...

Hull on Estates #447 — McKay Estate v. McKay and Fiduciary Relationships from 2015-12-29T12:30

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the development of fiduciary relationships and the recent Ontario Superior Court of Justice decision of McKay Estate v. McKa...

Hull on Estates #444: Proving a Will in Common Form vs Solemn Form from 2015-12-10T13:00

This week on Hull on Estate Jonathon Kappy and Lisa Haseley discuss the differences and implications of proving a will in common form and solemn form. Should you have any questions, please email us...

Hull on Estates #441 - Illiquid and Insolvent Estate from 2015-11-17T13:00

This week on Hull on Estate Jonathan Kappy and Lisa Haseley discuss Jenny Pho, Dale & Lessmann LLP’s paper Illiquid Estates and Other Solvency Issues presented at Probate Essentials 2015, pertainin...

Hull on Estates #440 - Variation of Trusts 101 from 2015-11-10T14:11:59

This week on Hull on Estates Noah Weisberg and Natalia Angelini discuss P. Ann Lalonde’s contribution to the Key Developments in Estates and Trusts Law in Ontario (chapter 12), pertaining to variat...

Hull on Estates #438 Support for Common Law Spouses from 2015-10-23T18:58:39

This week on Hull on Estates, David Smith and Nick Esterbauer discuss avenues of support for common law spouses, including claims for survivor’s pensions and the related legislation and case law in...

Hull on Estates #436 from 2015-10-07T18:27:46

This week on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent British Columbia Court of Appeal decision in Bentley v. Maplewood Seniors Care Society, which amongst other things,...

Hull on Estates #434 - Art as an Estate Asset from 2015-09-25T18:42:57

This week on Hull on Estates, Paul Trudelle and Nick Esterbauer discuss artwork and the special considerations that should not be overlooked when it comes to estate planning or administration invol...

Hull on Estates #433 – Confidential Replacement Wills and Undue Influence from 2015-09-22T12:30

This week on Hull on Estates, David Smith and Josh Eisen discuss an innovative way to protect a testator from undue influence, proposed by author John E. S. Poyser in his new book, Capacity and Und...

Hull on Estates #432 - Bankruptcy and estate planning from 2015-09-08T12:00

This week on Hull on Estates, Jonathon Kappy and Doreen So discuss a Court of Appeal case related to bankruptcy and its overlapping concepts related to estate planning. Should you have any question...

Hull on Estates # 431 - Delirium and Dementia from 2015-09-01T12:45

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss a recent paper by Wendy Griesdorf, which highlights the differences between delirium and dementia, and the relevance of th...

Hull on Estates - Removing Estate Trustees From A Deceased’s Estate from 2015-08-24T15:23:20

Today on Hull on Estates, Paul Trudelle and Umair Abdul Qadir discuss the Ontario Superior Court of Justice’s recent decision in Nguyen v Pham, 2015 ONSC 4548, where the two litigants sought orders...

Hull on Estates # 429 - Succession Law Reform Act from 2015-08-17T14:18:45

Today on Hull on Estates, Noah Weisberg and David Morgan Smith discuss the recent English Court of Appeal decision of Ilott and Mitson which considers both estrangement and testamentary wishes in t...

Hull on Estates from 2015-08-10T15:32:30

Today on Hull on Estates, Moira Visoiu and Doreen So discuss estate law issues that may arise through the use of artificial reproductive technologies and Ian Hull’s paper, “Fertility Law in the Con...

Hull on Estates #427 - Lucid Interval from 2015-08-04T14:26:36

Today on Hull on Estates, Paul Trudelle and Josh Eisen look at the concept of the lucid interval in the context of testamentary capacity and examine recent research that raises some doubts about wh...

Hull on Estates #426 - Estate distributions on mistakes of fact from 2015-07-27T17:21:51

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss estate distributions on mistakes of fact and case law that recognizes the obligation of beneficiaries to repay distributio...

Hull on Estates #425 - Regulations amending the Rules of Civil Procedure from 2015-07-21T15:40:58

Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent Regulations amending the Rules of Civil Procedure including amendments to mediation and updated court forms. Should you...

Hull on Estates # 424 - Regulations amending the Rules of Civil Procedure from 2015-07-16T18:44:03

Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent Regulations amending the Rules of Civil Procedure including amendments to the authentication and confirmation of estate...

Hull on Estates #423 - Succession Law and Reform Act from 2015-07-09T16:08:55

Today on Hull on Estates, David M. Smith and Stuart Clark discuss the definition of “spouse” within the meaning of Part V of the Succession Law Reform Act, and the factors that the court will look ...

Hull on Estates #422 - Best Practices for Civil Trials from 2015-07-03T17:08:58

Today on Hull on Estates, Jonathon Kappy and Doreen So discuss The Advocates Society’s  and the resources on our new Hull & Hull website. Should you have any questions, please email us at , or leav...

Hull on Estates #421 — Transfer of real property between parent and adult child from 2015-06-09T19:00

Today on Hull on Estates, Paul Trudelle and Noah Weisberg discuss the recent Ontario Court of Appeal decision of Mroz v. Mroz, departing from the decision by the Superior Court of Justice, with res...

Hull on Estates #420 - The Inheritance Wars from 2015-06-04T19:31:11

This week on Hull on Estates, David M. Smith and Stuart Clark discuss the recent Macleans cover story “The Inheritance Wars”, and the general trends in estate litigation.

Hull on Estates #419 - Communication with experts and disclosure of drafts from 2015-05-21T18:20:12

This week on Hull on Estates, Jonathon Kappy and Andrea Buncic discuss the recent decision of Moore v. Gatahun, 2015 ONCA 55, and counsels' permissible communications with expert witnesses and disc...

Hull on Estates #418 - Equalization of net family property under the Family Law Act from 2015-05-12T21:11:05

This week on Hull on Estates, Paul Trudelle and Josh Eisen discuss some issues that can arise in equalization of net family property under the Family Law Act and why it might not be appropriate to ...

Hull on Estates #417 - Continuing an online presence after death from 2015-05-07T14:36:56

This week on Hull on Estates, David Smith and Nick Esterbauer discuss digital legacies and recent developments in social media that may assist not only in sharing digital information and assets wit...

Hull on Estates #416 - Resigning as an attorney under the Substitute Decisions Act from 2015-04-29T16:09:36

Today on Hull on Estates, Natalia Angelini and Josh Eisen look at a recent case addressing the requirements under the Substitute Decisions Act for resigning as an attorney under a power of attorney...

Hull on Estates #415 - Accounting obligations with digital assets and accounts from 2015-04-22T15:46:44

Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss administration and accounting obligations with respect to digital assets and digital accounts.  Although much attention of late ha...

Hull on Estates #414 - Costs Endorsement of the Hon. Justice Skarica from 2015-04-14T16:52:02

Today on Hull on Estates, Andrea Buncic and Paul Trudelle discuss the recent Superior Court of Justice decision De Cruz Lee v. Lee, 2015 ONSC 2012, and in particular the Costs Endorsement of the Ho...

Hull on Estates #413 - Answering difficult legal questions in estate litigation from 2015-04-10T19:23:31

This week on Hull on Estates, Moira Visoiu and Josh Eisen discuss a recent article published in the Law Times describing the trend toward the use of advanced computing technology to answer difficul...

Hull on Estates #412 - Will drafting at Walmart from 2015-04-01T20:07:50

This week on Hull on Estates, Natalia Angelini and Stuart Clark discuss the recent from Precedent Magazine outlining the growth of legal services (including estate planning) being offered at locati...

Hull on Estates #411 - Capacity assessments under the Substitute Decisions Act from 2015-03-30T16:00:10

This week on Hull on Estates, Jonathon Kappy and Doreen So discuss the 411 on Saunders v. Vautier and the jurisdiction of the Court to order a capacity assessment under the Substitute Decisions Act...

Hull on Estates #410 - Volunteering with Junior Achievement of Canada from 2015-03-16T17:24:32

This week on Hull on Estates, Paul Trudelle and Nick Esterbauer discuss their experience volunteering with Junior Achievement of Canada and the importance of teaching youth about financial planning...

Hull on Estates #409 - Frequently asked questions about the Estate Administration Tax Act from 2015-03-11T15:28:22

Today on Hull on Estates, David Smith and Josh Eisen discuss the new regulation under the Estate Administration Tax Act, 1998 and answer some frequently asked questions about the regulation.   Shou...

Hull on Estates #408 - Foundations and charitable gifting options from 2015-03-02T22:03:58

Today on Hull on Estates, Natalia Angelini and Noah Weisberg discuss the use of foundations, in particular the Toronto Foundation, as a charitable gifting option to consider with individuals who wi...

Hull on Estates #407 - Parson v. McGovern from 2015-02-27T22:04:26

Today on Hull on Estates, Jonathon Kappy and Stuart Clark discuss the recent  decision and the circumstances under which a court may compel an Estate Trustee to make an interim distribution to the ...

Hull on Estates #406 - Restitution for the Elderly Client from 2015-02-19T17:18:34

Today on Hull on Estates, Moira Visoiu and Paul Trudelle discuss an article presented at the OBA entitled Restitution for the Elderly Client, which looks at ways in which the law of Restitution, an...

Hull on Estates #405 - Carter v. Canada and estate planning issues from 2015-02-09T22:43:06

Today on Hull on Estates, Andrea Buncic and Noah Weisberg discuss the recent Supreme Court of Canada decision of Carter v. Canada and its relevancy to estate planning issues. Should you have any qu...

Hull on Estates #404 - The decision of Spence v. BMO Trust Company from 2015-02-06T20:06:54

Today on Hull on Estates, Natalia R. Angelini and Doreen So discuss the newly released controversial decision pertaining to . If you have any questions, please email us at  or leave a comment on ou...

Hull on Estates #403 - Costs in litigation from 2015-01-23T16:13:36

Today on Hull on Estates, Noah Weisberg and Paul Trudelle discuss the recent Court of Appeal decision of  and the effects this has on cost awards in estate matters, including blended awards. Noah W...

New Regulations under the EATA from 2015-01-13T15:39:09

If you have any questions, please email us at  or leave a comment on our blog page.

Hull on Estates #402 - The role of the Office of the Children's Lawyer from 2015-01-09T21:32:28

Today on Hull on Estates, Paul Trudelle and Stuart Clark discuss the role of the Office of the Children's Lawyer. Specifically, they discuss a recent publication which the Office of the Children's ...

Hull on Estates #401- Case management and summary judgement from 2014-12-23T12:00

If you have any questions, please email us at  or leave a comment on our blog page.

Hull on Estates #400 - Releases and the distribution of an estate from 2014-12-16T22:04:12

If you have any questions, please email us at  or leave a comment on our blog page.

Hull on Estates #399 - Payment of inheritance taxes in other jurisdictions from 2014-12-09T12:00

If you have any questions, please email us at  or leave a comment on our blog page.

Hull on Estates #398 - Challenging the Will of a living person from 2014-12-02T22:23:43

If you have any questions, please email us at  or leave a comment on our blog page.

Hull on Estates #397 - Collaboration between estate planning and estate litigation lawyers from 2014-11-26T15:08:25

If you have any questions, please email us at  or leave a comment on our blog page.

Hull on Estates #396- Appropriate communications between counsel and experts from 2014-11-21T15:34:47

Today on Hull on Estates, Jonathon Kappy and Doreen So discuss the Position Paper of the Advocates Society as interveners to the appeal of Moore v. Getahun in relation to what is appropriate commun...

Hull on Estates #395 - Testamentary Capacity and Undue Influence from 2014-11-11T11:00

Today on Hull on Estates, Andrea Buncic and Natalia Angelini discuss the concepts of Testamentary Capacity and Undue Influence in relation to Narcissistic Personality Disorder, and other mood disor...

Hull on Estates #394 - The role of a litigation guardian from 2014-11-04T22:13:20

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

Hull on Estates #393 - Law reform and small estates from 2014-10-21T14:43:43

Should you have any questions, please email us at  or leave a comment on our blog page.

Hull on Estates #392 - Murder's impact on definition of estates from 2014-10-16T20:48:18

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

Hull on Estates #391 - Multiple wills from 2014-10-07T21:22:44

Should you have any questions, please email us at  or leave a comment on our blog page.

Hull on Estates #390 - Missing beneficiaries from 2014-10-02T10:00

If you have any questions, email us at e or leave a comment on our .

Hull on Estates #389 - Appointing a custodian or guardian from 2014-09-25T16:52:36

Should you have any questions, please email us at  or leave a comment on our blog page.

Hull on Estates #388 from 2014-09-09T20:52

If you have any questions, please email us at , or leave a comment on our blog page.

Hull on Estates #387 - Limitation periods from 2014-08-25T15:24:14

If you have any questions, please email us at , or leave a comment on our blog page.

Hull on Estates #386 - Practices for Solicitor-Client meetings from 2014-08-11T17:50:55

Hull on Estates #385 - Mroz v. Mroz, 2014 from 2014-07-30T14:04:55

If you have any questions, please email us at , or leave a comment on our blog page.

Hull on Estates #384 - Primary and secondary wills from 2014-07-16T14:35:27

Hull on Estates #383 - Testamentary Capacity from 2014-07-10T19:45:42

Hull on Estates #382- Attorneys for personal care from 2014-07-04T00:19

If you have any questions, please email us at , or leave a comment on our blog page.

Hull on Estates #381: Morality in public policy from 2014-07-02T20:53:50

Hull on Estates #380 - Power of attorney from 2014-06-04T21:12:31

Hull on Estates #379 - Disclaimers of gifts under wills from 2014-05-21T17:37:52

If you have any questions, please email us at , or leave a comment on our blog page.

Hull on Estates #378 - Time limits on dependent support claims from 2014-05-13T19:44:34

If you have any questions, please email us at , or leave a comment on our blog page.

Hull on Estates #377 - Moral obligations from 2014-05-06T18:19:40

If you have any questions, please email us at , or leave a comment on our blog page.

Hull on Estates #376 - The case of Guest v. Lott, 2013 from 2014-04-29T21:30:58

If you have any questions, please email us at  or leave a comment on our blog page.

Hull on Estates #375 - Estate trustees during litigation from 2014-04-24T14:21:48

Today on Hull on Estates, Josh Eisen and Jonathon Kappy discuss the authorities and duties of estate trustees during litigation. If you have any questions, please email us at , or leave a comment o...

Hull on Estates #374 - Removing estate trustees from 2014-04-16T16:18:10

Hull on Estates #373 - Retainer agreements from 2014-04-10T18:41:14

Hull on Estates #372 - Variation of Trusts from 2014-04-03T14:59:41

Today on Hull on Estates, Josh Eisen and Moira Visoiu discuss the Variation of Trusts Act. If you have any questions, please email us at , or leave a comment on our blog page.

Listen to Hull on Estates #371 - Safekeeping of wills from 2014-03-25T20:52:28

Hull on Estates #370 - Plene Administravit from 2014-03-18T15:13:56

Today on Hull on Estates, Paul Trudelle and Doreen So discuss plene administravit in the context of the Mortgage Insurance Company of Canada v. Grant case. 

Hull on Estates #369 - Uniform Trustee Act from 2014-03-11T20:23:51

Today on Hull on Estates, Jonathon Kappy and Holly LeValliant discuss proposed legislation, the Uniform Trustee Act, which would reform trust law in Canada. If you have any questions, please email ...

Hull on Estates #368 - Holograph wills from 2014-03-06T14:00

Today on Hull on Estates, David Smith and Andrea Buncic discuss holograph wills, and some difficulties that may arise when making a holograph will. If you have any questions, please email us at .

Hull on Estates #367 - Summary judgement and the Orfus Estate from 2014-02-25T22:40

Today on Hull on Estates, Crystal O’Donnell and Stuart Clark discuss the new approach to summary judgement and the . Stuart and Crystal discuss new principles to consider in the context of a will c...

Hull on Estates #366 - Costs award from 2014-02-11T21:25:15

Today on Hull on Estates, Moira Visoiu and David Smith discuss a case involving costs award and the decision made by the Court of Appeal. If you have any questions, please email us at hull.lawyers@...

Hull on Estates #365 - Plene affidavit: avoiding personal liability from 2014-02-03T21:46:46

Today on Hull on Estates, Paul Trudelle and Joshua Eisen discuss the pleading of plene administravit: Avoiding personal liability as an estate trustee for claims against the estate. If you have any...

Hull on Estates #364 - Uniform Trustee Act from 2014-01-28T19:46:20

Today on Hull on Estates, Crystal O'Donnell and Doreen So discuss the Uniform Trustee Act. If you have any questions, please email us at .

Hull on Estates #363 - Allocating dividends from 2014-01-21T22:21:23

Today on Hull on Estates Andrea Buncic and Jonathon Kappy discuss the guiding principles for estate trustees when allocating dividends between income and capital beneficiaries. If you have any ques...

Hull on Estates #362 - Legitimate estate planning from 2014-01-13T20:58:59

Today on Hull on Estates, David Smith and Noah Weisberg discuss the border line between legitimate estate planning and avoidance of family law obligations. If you have any questions, please email u...

Hull on Estates #361 - The Reliance of Releases from 2013-12-17T21:49:03

Today on Hull on Estates, Noah Weisberg and Moira Visoiu discuss the reliance and use of releases.  If you have any questions, please email us at  or leave a comment on our blog page.

Hull on Estates #360 - Substitute Decisions Act from 2013-12-10T18:39:16

Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss changes to the.  If you have any questions, please email us at  or leave a comment on our blog page.

Hull on Estates #359 - Variations of trusts from 2013-12-03T16:00:02

Today on Hull on Estates, Paul Trudelle and Stuart Clark discuss variations of trusts and a  by C.D. Freedman presented at the 16th Annual Estates and Trusts summit. If you have any questions, plea...

Hull on Estates #358 - Due execution of a will from 2013-11-26T18:54

Today on Hull on Estates, David Smith and Josh Eisen discuss the strict approach to due execution of a will in Ontario, and the more permissive alternative approach followed in some other provinces...

Hull on Estates #357 - Real property and joint tenancy from 2013-11-19T23:18:17

Today on Hull on Estates, Paul Trudelle and Holly LeValliant discuss a decision of the Queen's Bench of Saskatchewan, which dealt with the issue of whether a person who transfers real property into...

Hull on Estates #356 — Dealing with evidence from 2013-11-15T16:52

Today, in episode #356 of Hull on Estates, Jonathon Kappy and Crystal O'Donnell discuss the main considerations counsellors need to be mindful of when dealing with evidence, whether it's by applica...

Hull on Estates #355 — Hearsay and the Evidence Act from 2013-11-08T18:07

Today, in episode #355 of Hull on Estates, Paul Trudelle and Holly LeValliant discuss the common law of hearsay and section 13 of the Evidence Act in the context of estate litigation in the Court o...

HOE #354 — Estate Trustees and Notice of Objections from 2013-10-31T19:29

Today on Hull on Estates, Andrea Buncic and Paul Trudelle discuss some of the disadvantages of an Estate Trustee waiting for a Notice of Objection to expire rather than bringing an Application for ...

Hull on Estates Episode #353: The Supreme Court of Canada and the Right to Life from 2013-10-28T14:26

Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent Supreme Court of Canada decision on the case of Hassan Rasouli, a gentleman who was hospitalized and on life support. M...

Hull on Estates Episode #352 - The Family Law Act and Matrimonial Homes from 2013-10-17T22:06:05

Today on Hull on Estates, David Smith and Holly LeValliant discuss a recent case , where the Applicant developed Parkinson’s Disease, which made it impossible for her to live in the matrimonial hom...

Hull on Estates Episode #351 – Solicitor’s Note Taking for a Will from 2013-10-08T19:26:24

Today on Hull on Estates, Paul Trudelle and Joshua Eisen discuss solicitor’s notes when taking instructions for a will. Rodney Hull’s Checklist for Solicitors Preparing Wills in Situations Indicati...

Hull on Estates Episode #350 – Gifts in Mortis Causa from 2013-10-02T23:23:46

Today on Hull on Estate, Crystal O’Donnell and David Smith discuss the issues surrounding gifts in mortis causa. If you have any questions, please email us at  or leave a comment on our blog page.

Hull on Estates Episode #349 – Pets and Estate Planning from 2013-09-26T20:12:25

Today on Hull on Estates, Andrea Buncic and Paul Trudelle discuss the importance of giving thought to your pets when planning your estate or drafting your will. If you have any questions, please em...

Hull on Estates Episode #348 – Notices of Objection from 2013-09-17T21:03:14

Today on Hull on Estates, Jonathon Kappy and Josh Eisen discuss the issue of standing to object to a will and motions to have notices of objection removed. If you have any questions, please email u...

Hull on Estates Episode #347 – Application or Action? from 2013-09-11T18:42:24

Today on Hull on Estates, Moira Visoiu and Jonathon Kappy discuss when an application should be converted to an action. If you have any questions, please email us at or leave a comment on our blo...

Hull on Estates Episode #346 – Stepping Down as an Estate Trustee from 2013-09-06T19:18:30

Today on Hull on Estates, Paul Trudelle and Stuart Clark discuss the resignation, retirement and renunciation of executors and trustees. If you have any questions, please email us at or leave a co...

Hull on Estates Episode #345 – Power of Attorney for Personal Care from 2013-08-29T16:45:38

Today on Hull on Estates, David Smith and Noah Weisberg discuss the power of attorney for personal care based on the case out of British Columbia,  about how to plan for advanced directives as it a...

Hull on Estates Episode #344 – Renunciation, Removal and Passing Over of Estate Trustees from 2013-08-21T15:11:47

Today on Hull on Estates, Natalia Angelini and Jonathon Kappy discuss the recent decision of the Ontario Court of Appeal in in which the court clarifies the distinction and application of an Estat...

Hull on Estates Episode #343 – RRSP’s and Beneficiaries from 2013-08-15T14:55:26

Today on Hull on Estates, Paul Trudelle and Stuart Clark discuss the recent case of , and whether an RRSP that passes to a designated beneficiary on death is available to CRA to satisfy the decease...

Hull on Estates Episode #342 – Estate Freeze Considered as Fraudulent Conveyance from 2013-08-08T15:52:03

Today on Hull on Estates, David Smith and Holly LeValliant discuss whether an estate freeze can be considered a fraudulent conveyance.  David and Holly discuss the Ontario Superior Court of Justice...

Hull on Estates Episode #341 – Changes to the Taxation of Trusts and Estates from 2013-07-30T20:51:56

Today on Hull on Estates, Natalia Angelini and Saman Jaffery discuss the proposed changes to the taxation of trusts and estates. They also mention a recent by Ian Hull, and a for the proposed leg...

Hull on Estate Episode #340 – Family Law in Trusts and Estate Law from 2013-07-24T19:22:57

Today on Hull on Estates, David Smith and Stuart Clark discuss family law in trusts and estates litigation. If you have any questions, please e-mail us at or leave a comment on our blog page.

Hull on Estates Episode #339 – Probate of a Lost Will from 2013-07-17T17:30

Today on Hull on Estates, Noah Weisberg and Natalia Angelini discuss the probate of a lost will and the case out of the Supreme Court of British Columbia, Thierman Estate v. Thurman. A link to the ...

Hull on Estates Episode # 338 – Priorities in Payment of Estate Debts from 2013-07-04T20:53:19

Today on Hull on Estates, Paul Trudelle and Jonathon Kappy discuss priorities in payment of estate debts, equalization, dependant support and bequests. If you have any questions, please e-mail us ...

Hull on Estates Episode #337 – Bankrupt Estates from 2013-06-26T19:23:29

Today on Hull on Estates, Holly LeValliant and Natalia Angelini discuss what happens to a home held in joint-tenancy when, after death, the deceased individual’s estate is pushed into bankruptcy. ...

Hull on Estates Episode #336 - Resealing of Guardianship Orders from Foreign Jurisdictions from 2013-06-25T20:38:32

Today on Hull on Estates, Nadia Harasymowycz and David Smith discuss Resealing of Guardianship Orders from Foreign Jurisdictions. If you have any questions, please email us at or leave a comment o...

Hull on Estates Episode #335 – Ethical Red Flags for the Estate and Trust Adviser from 2013-06-14T13:46:06

Today on Hull on Estates, Paul Trudelle and Saman Jaffery discuss one of the presentations at the recent STEP Canada Conference, titled “Ethical Red Flags for the Estate and Trust Adviser: What to ...

Hull on Estates Episode #334 – Married Spouses and Common Law Spouses from 2013-06-05T21:20:56

Today on Hull on Estates, David Smith and Moira Visoiu discuss the differing ways in which the law treats married spouses and common law spouses. If you have any questions, please e-mail us at or...

Hull on Estates Episode #333 – Expert Evidence from 2013-05-30T20:21:31

Today on Hull on Estates, Natalia Angelini and Stuart Clark discuss a recent paper presented at the 6 Minute Estates Lawyer titled “Expert Evidence in Trust and Estate Litigation,” by Eric N. Hoffs...

Hull on Estates Episode #331 – Passing of Accounts from 2013-05-14T15:39:21

Today on Hull on Estates, David Smith and Jonathon Kappy discuss procedural nuances on a passing of accounts application. If you have any questions, please e-mail us at or leave a comment on our b...

Hull on Estates Episode #331 – Issues Involving Minors and Incapables from 2013-05-09T15:32

This week on Hull on Estates, Natalia Angelini and Jonathon Kappy discuss issues involving minors and incapables. Specifically, they discuss accepting payment into court for the benefit of individu...

Hull on Estates #330 – Dependant Support Claims from 2013-05-01T18:25:37

Today on Hull on Estates, Paul Trudelle and Noah Weisberg discuss dependant support claims with respect to a recent decision by the Ontario Superior Court of Justice. A link to the case can be foun...

Listen to: Hull on Estates #329 – Limitation Periods from 2013-04-23T21:34:22

Today on Hull on Estates, David Smith and Saman Jaffery discuss the recent Ontario Superior Court of Justice decision in .  This recent decision considers what limitation period applies in respect ...

Hull on Estates #328 – Rights of Spouses from 2013-04-17T18:24

Today on Hull on Estates, Natalia Angelini and Moira Visoiu discuss the Ontario Court of Appeal’s decision in Carrigan v. Carrigan Estate.  A link to the case can be found .   If you have any quest...

Hull on Estates #327 - Tips for Young Advocates from 2013-04-10T23:02:12

Today on Hull on Estates, Paul Trudelle and Jonathon Kappy discuss a recent article in the March 2013 issue of The Advocates’ Journal titled “Judges’ Tips for Young Advocates” by Gillian Kerr. If y...

Hull on Estates Episode #326 – Oral Contracts from 2013-04-03T16:48:10

Today on Hull on Estates, Noah Weisberg and David Smith discuss the role of oral contracts in estate law.  A  link to the case can be found .   If you have any questions, please e-mail us at or le...

Hull on Estates Episode #325 – Top Cases of 2012 from 2013-03-27T18:45:57

Today on Hull on Estates, Stuart Clark and Natalia Angelini discuss two of the most interesting cases of 2012 - Rasouli v. Sunnybrook Health Services Centre and another case dealing with proprietar...

Hull on Estates Episode #324 – The Will and Codicil from 2013-03-20T19:57

Today on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss the recent 2012 decision of Zinn v. Bergren. You can read about the case . If you have any questions, please email us at or l...

Hull on Estates Episode #323 – Digital Assets from 2013-03-05T23:12:24

Today on Hull on Estates, Natalia Angelini and Nadia Harasymowycz discuss Digital Assets, including , and the   If you have any questions, please email us at or leave a comment on our blog page.

Hull on Estates Episode #322 – Separation Agreements from 2013-02-26T21:28:27

Today on Hull on Estates, Paul Trudelle and Moira Visoiu discuss separation agreements and the effects they have on beneficiaries rights on intestacy under the . If you have any questions, please ...

Hull on Estates #321 – Legal Domicile from 2013-02-20T19:48

Today on Hull on Estates, Natalia Angelini and Stuart Clark discuss domicile with reference to the Alberta Court of Appeal decision of the . If you have any questions, please e-mail us at or leave...

Hull on Estates #320 – Advising the Elderly Client from 2013-02-13T22:04:48

Today on Hull on Estates, Natalia Angelini and Noah Weisberg speak about the recent CLE program, “Advising the Elderly Client”, and more specifically on a paper written by Margaret E. Rintoul title...

Hull on Estates Episode #319 - Law of Trusts and Matriominal Homes from 2013-02-05T16:45

Today on Hull on Estates, Paul Trudelle and Jonathon Kappy discuss the law of trusts and matrimonial homes. A link to the case mentioned can be found . If you have any questions, please email us at...

Hull on Estates Episode #318 – Retaining an Expert in Elder Care from 2013-01-28T21:47:17

This week on Hull on Estates, Paul Trudelle and Moira Visoiu discuss retaining an expert in elder care. Specifically, they mention a private company that can provide an assessment or wellness plan...

Hull on Estates Episode #317 – Joint Family Ventures from 2013-01-23T17:58:15

Today on Hull on Estates, Natalia Angelini and Saman Jaffery podcast on joint family ventures (post ). In particular, they discuss the recent decision in . If you have any questions, please e-mail ...

Hull on Estates Episode #316 – Declaration of Death from 2013-01-15T15:43:38

Today on Hull on Estates, Paul Trudelle and Saman Jaffery speak about the recent decision in regarding applications under the . Please email us at or leave a comment on our blog if you have any q...

Hull on Estates Episode #315 – New Year’s Resolutions for the Legal Practitioner from 2013-01-09T15:52:41

Today on Hull on Estates David Smith and Moira Visoiu discuss New Year’s resolutions for legal practitioners. Specifically, they refer to the December 2012 issue of . A few of the best practices me...

Hull on Estates Episode #314 – Rectification of a Will from 2012-12-19T20:53:59

This week on Hull on Estates, Natalia Angelini and Stuart Clark discuss mistakes made in the drafting of a will. Specifically, they discuss will rectifications and mention Lipson v. Lipson, 2009 Ca...

Hull on Estates Episode #313 – The Evolution of the Limitations Act from 2012-12-04T19:15:42

Today on Hull on Estates, David Morgan Smith and our newest associate, Jonathon Kappy, discuss the evolution of the Limitations Act and the impact of the discoverability principle on claims against...

Hull on Estates Episode #312 – Disclosure in Estates and Trusts from 2012-11-26T22:03

This week on Hull on Estates, Natalia Angelini and Saman Jaffery discuss a paper on disclosure in estates and trusts that was presented by Ian Hull at the 15th Annual Estates and Trusts Summit. Mor...

Hull on Estates Episode #311 – Beneficiary Designations When a Will Is Revoked from 2012-11-21T22:16:38

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 Super...

Hull on Estates Episode #310 – Guardianship and Capacity Issues from 2012-11-14T15:40:51

Today on Hull on Estates, David Morgan Smith and Nadia Harasymowycz discuss guardianship and capacity issues in circumstances where incapacity is a distinct possibility, but not currently the case....

Hull on Estates Episode #309 – Limitation Periods in Estate Litigation from 2012-11-09T17:33:53

Today on Hull on Estates, Natalia Angelini and Stuart Clark discuss the importance of limitation periods with reference to a paper written by Archie Rabinowitz titled “Limitation Periods in Estate ...

Hull on Estates #308 – Due Execution Reconsidered from 2012-10-23T20:47

Today on Hull on Estates, David Smith and Holly LeValliant discuss David’s paper “Due Execution Reconsidered,” that he presented at our most recent . David and Holly discuss the issues raised in tw...

Hull on Estates #307 – Creative Approach to a Civil Trial from 2012-10-11T20:57:59

Today on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss how to bring a creative approach to organizing a civil trial. If you have any questions, please e-mail us at or leave a comme...

Hull on Estates #306 – Estate Trust Liability from 2012-10-05T16:56:21

Today on Hull on Estates, Natalia Angelini and Moira Visoiu podcast on the issue of estate trust liability, and more particularly investment losses and environmental claims.  If you have any questi...

Hull on Estates Episode #305 – An Application for a Preservation Order from 2012-09-26T17:08:06

Today on Hull and Hull on Estates, Paul Trudelle and Holly LeValliant discuss an application for a preservation order by the Attorney General of Ontario to try to stop a mentally ill man who killed...

Hull on Estates Episode #304 – Consent and Life Support Decisions from 2012-09-21T15:16:21

Today on Hull on Estates, Natalia Angelini and Saman Jaffery talk about the issue of consent in withdrawing a person from life support. If you have any questions, please e-mail us at or leave a co...

Hull on Estates Episode #303 – Synergy: A new kind of Law Office from 2012-09-04T14:47:30

Today on Hull on Estates, Natalia Angelini and Nadia Harasymowycz talk about the concept of a “synergy room” and how the Lawyers of Hull and Hull LLP are creating a new way of thinking based on a b...

Hull on Estates Episode #302 – Rights of the Elderly from 2012-08-08T14:59:30

Today on Hull on Estates, Natalia Angelini and Stuart Clark discuss the . More specifically, they look at the Residents Bill of Rights and what the repercussions of violating the bill of rights may...

Hull on Estates Episode #301 – Modern Family Dynamics&Estate Planning from 2012-07-31T21:10:06

This week on Hull on Estates, David Morgan Smith and Nadia Harasymowycz talk about a recent article in The Lawyer’s Weekly about Jordan Atin’s talk at STEP titled “Changing families mean changing l...

Hull on Estates Episode #300 - Contingency Fee Agreements from 2012-07-27T20:19:04

Today on Hull on Estates, Paul Trudelle and Holly LeValliant discuss a recent Court of Appeal decision from Ontario on Contingency fees. Holly and Paul discuss Contingency Fee Agreements involving ...

Hull on Estates Episode #299 – Framework for the Law as it Affects Older Adults from 2012-07-20T17:17:26

This week on Hull on Estates, Natalia Angelini and Moira Visoiu discuss a recent report released by the Law Commission of Ontario entitled “Framework for the Law as it Affects Older Adults.” More s...

Hull on Estates Episode #298 – Appealing a Costs Order from 2012-07-03T21:03:29

This week on HOE, Paul Trudelle and Nadia Harasymowycz discuss and the issue of appealing a costs order. Please email or leave a comment on our if you have any questions. 

Hull on Estates Episode #297 – The Dilemma of the Deathbed Will from 2012-06-29T18:43:35

Today on Hull on Estates, Natalia Angelini and Holly LeValliant podcast about a topic discussed in the Six Minute Estates Lawyer on dilemmas of deathbed wills. They speak on the importance of being...

Hull on Estates Episode #296 - Cummings v. Cummings and Support Claims from 2012-06-19T21:23

This week on Hull on Estates, David Smith and Moira Visoiu discuss a commentary produced by Lindsay Histrop on the Ontario Court of Appeal decision in . David and Moira touch on why has had such a...

Hull on Estates Episode #295 - In the News: Gifting from 2012-06-15T18:55:30

This week on Hull on Estates, Nadia Harasymowycz and Natalia Angelini discuss two articles featured in this week’s Globe and Mail. Specifically, they touch on gifting (pre and after death), what yo...

Hull on Estates Episode #294 - Management Plans from 2012-06-08T19:09:03

Hull on Estates Episode #293 - Mutual Wills and Contracts to Make Wills from 2012-05-29T13:46:09

This week on Hull on Estates, David Morgan Smith and Moira Visoiu discuss Mutual Wills and Contracts to Make Wills. Additionally, they reference an article titled Edell v. Sitzer (2001), which can ...

Hull on Estates Episode #292 - Severing a Joint Tenancy from 2012-05-22T16:19:37

This week on Hull on Estates, David Morgan Smith and Saman Jaffery discuss a recent decision by the Ontario Court of Appeal in . Specifically, they discuss the methods for severing a joint tenancy ...

Hull on Estates Episode #291 - Solicitor-Client Privilege from 2012-05-08T16:33:16

This week on Hull on Estates, David Morgan Smith and Nadia Harasymowycz discuss Solicitor-Client Privilege. They touch on the importance of lawyers' notes relating to Estate Litigation, and referen...

Hull on Estates Episode #290 - Termination of Trusts and the Common Law Rule from 2012-05-01T19:14:06

This week on Hull on Estates, Paul Trudelle and Moira Visoiu discuss a recent paper from the Six Minute Estate Lawyer put on by the Law Society of Upper Canada on April 24, 2012. More specifically,...

Hull on Estates Episode #289 - Case Law and Interim Relief Claims from 2012-04-27T21:07:59

This week on Hull on Estates, David Smith and Holly LeValliant discuss case law and a recent paper written by Suzana Popovic Montag and Stuart Clark on interim relief claims. 

Hull on Estates Episode #288 - Residency of Trust from 2012-04-17T16:41:56

This week, Saman Jaffery and David Morgan Smith discuss the recent Supreme Court decision in the Fundy Settlement v. Canada case with respect to a residency of trust. Additional information about t...

Hull on Estates Episode #287 - Estates and Charter Claims from 2012-04-10T21:03:51

This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss whether estates can pursue charter claims. Specifically, they discuss Grant v. Winnipeg Regional Health Authority. 

Hull on Estates Episode #286 - Changes in the Alberta Wills and Succession Act from 2012-04-05T16:59

This week, Natalia Angelini and Moira Visoiu discuss changes in the Alberta Wills and Succession Act. 

Hull on Estates Episode #285 - Real Properties and the Severance of Joint Tenancies from 2012-03-28T16:01:07

This week on Hull on Estates, David Morgan Smith and Holly LeValliant discuss Joint Tenancies. More specifically, they deal with real properties and the severance of joint tenancies. David and Holl...

Hull on Estates Episode #284 - Will Challenges and Holograph Wills from 2012-03-21T17:28:46

This week on Hull on Estates, Paul Trudelle and Saman Jaffery discuss will challenges and the validity of Holograph Wills according to The Formal Requirements of the Succession Law Reform Act. Spec...

Hull on Estates Episode #283 - DNA and Parental Obligations from 2012-03-13T17:25:32

This week on Hull on Estates, Natalia Angelini and Nadia Harasymowycz discuss DNA and parental obligations.  For more information, please visit . 

Hull on Estates Episode #282 - The Challenge of Detecting Undue Influence from 2012-03-07T18:49

This week on Hull on Estates, David Smith and Moira Visoiu discuss the challenge of detecting undue influence. They define the term, discuss a change to section 52 of the Wills, Estates and Success...

Hull on Estates Episode #281 – Discussing “A Judge’s View” from 2012-02-29T18:57

This week on Hull on Estates, Natalia Angelini and Saman Jaffery talk about a paper by The Honourable Mr. Justice Joseph W. Quinn. The paper, A Judge's View: Things Lawyers Do to Annoy Judges; Thin...

Hull on Estates Episode #280 - Common Law Relationships and Dependent Support Claims from 2012-02-22T20:14

This week on Hull on Estates, Paul Trudelle and Holly LeValliant discuss what is required to prove a common law relationship. The courts take a liberal approach to determining whether a relationshi...

Hull on Estates Episode #279 – Disclaimer and Other Wrinkles in Sibling Disputes from 2012-02-16T17:33:53

This week on Hull on Estates, David Smith discusses the issue of disclaimer. Specifically, David references a case that illustrates the kinds of difficulties that may arise when siblings try to alt...

Hull on Estates Episode #278 – Lessons from Recent Cases from 2012-02-07T16:07

This week on Hull on Estates Natalia Angelini and Moira Visoiu discuss two recent decisions from the Ontario Superior Courts of Justice. Although not estates cases, and include elements that are ...

Hull on Estates Episode #277 - Creative Claims against Real Property from 2012-02-03T18:30

This week on Hull on Estates David Smith and Holly LeValliant discuss creative claims that can be asserted against real property in the estates context. Specifically, they discuss the role for crea...

Hull on Estates Episode #276 - Representing Individuals with Mental Illness from 2012-02-01T17:29

This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss representing individuals with mental illness. More specifically, they refer to an article in and reinforce the importance...

Hull on Estates Episode #275 - Designation of Beneficiaries from 2012-01-10T19:33:09

This week on Hull on Estates, Paul Trudelle and Natalia Angelini discuss a decision out of the Ontario Superior Court of Justice that deals with designation of beneficiaries under RRSPs and policie...

Hull on Estates Episode #274 - Charitable Giving from 2011-12-29T16:38

This week on Hull on Estates, Paul Trudelle and Saman Jaffery discuss Charitable Giving and Estate Planning. If you have any questions or comments, please send us an email at or visit our blog at

Hull on Estates Episode #273 - Summary Judgment Rule Decision from 2011-12-13T23:43

This week on Hull on Estates, David Smith and Holly LeValliant discuss the Summary Judgment Rule decision.  More specifically, they discuss the significance of the decision and whether it will expa...

Hull on Estates Episode #271 - Section 72 of the Succession Law Reform Act from 2011-12-07T19:02:40

This week on Hull on Estates, Paul Trudelle and Natalia Angelini discuss dependant support claims and the impact of assets falling under Section 72 of the Succession Law Reform Act.   If you have a...

Hull on Estates Episode #270 - General Trust Concepts from 2011-12-01T17:46:33

This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss General Trust Concepts and Issues while giving a brief and general overview. If you have any comments or questions, please s...

Hull on Estates Episode #269 - Terminating Inheritance Rights from 2011-11-22T21:44:57

This week on Hull on Estates, Paul Trudelle and Saman Jaffery discuss a paper presented by Ian Hull and co-authored by Suzana Popovic-Montag at the Estates and Trusts Summit held on November 9, 201...

Hull on Estates Episode #268 - Entitlements of a Child from 2011-11-17T20:30

This week on Hull on Estates David Smith and Nadia Harasymowycz discuss the definition of "Child" and its application in the Estates field with a review of the British Columbia cases of Hope v. Rae...

Hull on Estates Episode #267 - How to Have a Guardian of Property Appointed Through Court Application from 2011-11-01T18:24

This week on Hull on Estates, Natalia Angelini and Saman Jaffery briefly outline the steps needed when preparing an application to have a guardian of property appointed for an incapable person. If ...

Hull on Estates Episode #266 - Back to Basics: Intestate Succession from 2011-10-26T22:15:03

This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss how things aren't always as simple as they appear and explain that complications can arise from the most basic things.  Spec...

Hull on Estates Episode #265 - Minor Children and Dependant Support Applications from 2011-10-19T16:12:07

This week on Hull on Estates, David Smith and Natalia Angelini discuss the issue of minor children and dependant support applications.  More specifically, they give some basic tips when bringing fo...

Hull on Estates Episode # 264 - The Dependant's Support Application from 2011-10-11T20:32:14

This week on Hull on Estates, Paul Trudelle and Saman Jaffery review The Dependant's Support Application: from Notice of Application to Trial - a program held by the Ontario Bar Association on Sept...

Hull on Estates Episode #263 - POA Issues from 2011-10-04T22:05

This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss Power of Attorney issues and investing in a Power of Attorney.  In particular, they discuss what obligations there are for t...

Hull on Estates Episode #262 - Continuing Legal Education Programs from 2011-09-20T21:23

This week on Hull on Estates, Paul Trudelle and Sharon Davis discuss some recent continuing legal education programs.  More specifically they talk about the LSUC Program -  Practice Gems: The Admin...

Hull on Estates Episode #261 - S. 37 of the Substitute Decisions Act from 2011-09-13T20:15:24

This week on Hull on Estates, David Smith and Nadia Harasymowycz continue their discussion from a previous podcast on the obligation of an attorney under a power of attorney for property and person...

Episode #260 - Case comment on Kazarian v Fraser from 2011-09-06T15:53:15

This week on Hull on Estates, Paul Trudelle and Natalia Angelini discuss the recent case . More specifically, they discuss the issue of costs. If you have any comments, send us an email at or leav...

Episode #259 - Fiduciary Duty and the Obligation to Pass Accounts from 2011-08-30T15:04:46

This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss fiduciary duty and the obligation to pass accounts.  Specifically, they comment on the case .  If you have any comments, sen...

Episode #258 - When Meeting Your Lawyer For the First Time - What You Both Need to Know from 2011-08-23T20:58:10

When Meeting Your Lawyer For the First Time - What You Both Need to Know... Hull on Estates #258 This week on Hull on Estates, Paul Trudelle and Sharon Davis review what you should expect with your...

Episode #257 - ERAssure - New E&O Protection for Executors from 2011-08-16T17:08:27

This week on Hull on Estates, Natalia Angelini and Nadia Harasymowycz discuss E&O insurance provided by the company ERAssure .  More specifically, they address some frequently asked questions about...

Episode #256 - Speaking to Win - The Art of Effective Speaking for Lawyers from 2011-08-03T19:42

This week on Hull on Estates, Natalia Angelini and Sharon Davis discuss "Speaking to Win - The Art of Effective Speaking for Lawyers", a presentation by Steven Stark.  This program was held by the ...

Episode #255 - Digital Assets and Estate Planning from 2011-07-26T15:47

This week on Hull on Estates, David Smith and Valerie Yap discuss digital assets and estate planning.  More specifically, they discuss what "digital assets" are and how individuals should deal with...

Episode #254 - Equalization Payments from 2011-07-20T19:00

This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss equalization payments and the effects of bankruptcy on equalization payments with particular reference to the the case If...

Episode #253 - Equalization Application from 2011-07-05T20:29

This week on Hull on Estates, Natalia Angelini and Rick Bickhram discuss the Estate of Joseph Edward Slaven, 2011 ONSC 3929.  In this matter, the surviving spouse brings a motion to extend the time...

Episode #252 - Canadian Donor Guide from 2011-06-21T18:16

This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss the recent Canadian Donor’s Guide. This publication is an annual directory of fundraising organizations in Canada. If you ha...

Episode #251 - Return of a Certificate of Appointment from 2011-06-15T17:22:43

This week on Hull on Estates, Paul Trudelle and Rick Bickhram discuss obtaining a return of certificate of appointment with reference to the     If you have any comments, please send us an email at...

Episode #250 - OBA Trusts&Estates Section Year End Dinner from 2011-06-07T16:09:34

This week on Hull on Estates, Craig Vander Zee and Natalia Angelini reflect upon the recent Ontario Bar Association Trusts & Estates Year End Dinner, which was held May 31, 2011 in the Distillery D...

Episode #249 - Summary Judgment from 2011-05-31T17:31

This week on Hull on Estates, Natalia Angelini and Rick Bickhram refer to the case . Specifically, they discuss how this case relates to a summary judgment motion in respect of a will challenge.   ...

Episode #248 - Registered Disability Savings Plan (RDSP) from 2011-05-24T18:40

This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss a fairly new investment vehicle that has been set up by the Canadian Government to allow for Canadians with disabilities and...

Episode # 247 - The Six-Minute Estates Lawyer 2011 from 2011-05-03T20:32

This week on Hull on Estates, Craig Vander Zee and Sharon Davis discuss the Law Society of Upper Canada's recent program The Six-Minute Estates Lawyer 2011, which was held on April 27, 2011.  This ...

Episode # 246 - Obtaining An Accounting from 2011-04-19T18:46

This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss how an individual can seek an accounting. Specifically, they refer to the case Ekelshot-Kumeli. et al v. Bradley.

Episode # 245 - Estate Planning for New Lawyers from 2011-04-12T20:28

This week on Hull on Estates, Natalia Angelini and Sarah Halsted discuss the paper "How to Draft A Will - Minimizing the Risk of Liability to You" by Corina S. Weigl.  More specifically, they discu...

Episode # 243 - 10 Things You Really Need to Know to Practise Law from 2011-03-28T21:54:01

This week on Hull on Estates Sharon Davis and Natalia Angelini discuss a recent article in Canadian Lawyer Magazine 4 Students "10 Things You Really Need to Know to Practise Law".  Specifically, th...

Episode # 243 - Interpretation of Wills from 2011-03-21T22:21

This week on hull on Estates, Paul Trudelle and Sarah Halsted discuss the Estate of W. J. Halliday, 2011.  Specifically, they examine how it pertains to the Interpretation of Wills.  If you have an...

Episode #242 - Removing Estate Trustees from 2011-03-15T19:43

This week on Hull on Estates, David M. Smith and Nadia Harasymowycz discuss the removal of an Estate Trustee.  Specifically, they refer to the case .

Episode #241 - Paper Reduction in the Law Office from 2011-03-09T19:36

This week on Hull on Estates, Paul Trudelle and Rick Bickhram discuss a recent audio webcast titled "Scanning and Paper Reduction in the Law Office 101."  Specifically, they touch on how a law offi...

Episode #240 - 10 tips: lawyer-client communication from 2011-03-01T20:44:02

This week on Hull on Estates and Succession Planning, Paul Trudelle and Sharon Davis give insight into 10 tips for successful lawyer-client communication. 

Episode # 239 - Institute from 2011-02-15T18:00

This week on Hull on Estates and Succession Planning, Natalia Angelini and Nadia Harasymowycz discuss a recent Institute, Brave New World: Building a Thriving Trusts & Estates Practice in the 21st ...

Episode # 238 - Second Marriage Planning Issues from 2011-02-14T18:08:21

This week on Hull on Estates, Julia Evans and David Smith discuss how to address and minimize future conflict between a second spouse and children from the previous marriage. If you have any commen...

HOE 238 from 2011-02-14T15:46

Episode #237 - Dependent Support from 2011-02-01T16:42:39

This week on Hull on Estates, Natalia Angelini and Rick Bickhram talk about a recent decision where the court awarded dependent support to two dependents of the deceased. For more information on th...

HOE # 237 from 2011-02-01T14:52

Episode # 236 - Parental Support from 2011-01-25T17:12:21

This week on Hull on Estates, Paul Trudelle and Sharon Davis discuss filial responsibility or parental support. Specifically they talk about Sections 32 of the Family Law Act which discusses the ob...

Episode #235 - Breakfast Series from 2011-01-20T14:29

This week on Hull on Estates, Nadia Harasymowycz and Craig Vander Zee discuss the Hull and Hull LLP breakfast series that was held on January 13, 2010. This breakfast series was accredited by the L...

235 from 2011-01-19T22:18:09

Episode #234 - Subset of a dependent support claim from 2011-01-04T19:08

This week on Hull on Estates, Nadia Harasymowycz and David Smith discuss the subset of a dependent support claim, which is a claim that is advanced by an estranged spouse.  For more information on ...

Reflections from 2010-12-21T19:00:37

This week on Hull on Estates, Julia Evans and Craig Vander Zee discuss the upcoming New Year and what one can do in respect to estate plans, such as Wills and power of attorneys.

Episode #232 - Mutual Wills from 2010-12-14T22:23:23

This week on Hull on Estates, Paul Trudelle and Rick Bickhram discuss a recent case out of the B.C. Supreme Court that applies the mutual Wills doctrine and discusses what Will be needed in order t...

Episode #231 - Preparing for Trial from 2010-11-30T19:21:04

This week on Hull on Estates, Nadia Harasymowycz and Natalia Angelini discuss preparing for trial, specifically when doing a Will challenge.   If you have any comments, send us an email at or leav...

Episode #230 - Remedies for Breach of Duty by an Attorney for Property from 2010-11-23T19:10:54

This week on Hull on Estates, David Smith and Julia Evans discuss remedies for breach of fiduciary duty by attorneys for property acting on behalf of their incapable grantors. 

Episode #229 - Continuing Legal Education from 2010-11-16T16:59:53

This week on Hull on Estates and Succession Planning, Craig and Rick discuss upcoming Continuing Legal Education (CLE) programs over the next few months. Specifically, they discuss the upcoming ann...

Episode # 228 - Service and Social Media from 2010-11-09T20:12

This week on Hull on Estates, Paul Trudelle and Sharon Davis discuss two articles that discuss service via social media.  The two articles they discuss are:  ·          “” by Michael McKiernan. Th...

Episode #227 - Avoiding Negligence Claims in a Wills File from 2010-10-28T15:00

This week on Hull on Estates, David Smith and Julia Evans discuss avoiding negligence claims in a Wills file, an issue that is top of mind for lawyers who draft Wills. Specifically, they chat about...

Episode #226 - Summary of the Hull&Hull Breakfast Seminar from 2010-10-20T19:52

This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss the recent quarterly Hull & Hull breakfast seminar.  The topics discussed at the seminar include: •    Family matters and ...

Episode #225 - Trust Law, Foreign Trust and Trustee Cases from 2010-10-12T19:23

Today on Hull on Estates, Kathryn Pilikington and Craig Vander Zee discuss recent cases dealing with trust law. They also discuss the Trust, Trustees and Trusteeships conference on October 1, 2010 ...

Episode #224 - A Recent Decision Setting Aside an Unopposed Judgment Passing Accounts from 2010-10-05T19:00

This week on Hull on Estates, David M. Smith and Rick Bickhram discuss a recent decision out of the Superior Court of Justice, as well a high-level overview of the proceedings in passing of account...

Episode #223 - Forensic Document Examination and Estate Litigation from 2010-09-21T20:03

This week on Hull on Estates, Rick Bickhram and David Smith discuss forensic document examination and how it applies to the rules of evidence.

Episode #222- Continuing Professional Development from 2010-09-14T15:48

This week on Hull on Estates, Sharon Davis and Natalia Angelini discuss a recent requirement put into place by The Law Society of Upper Canada. On January 1, 2011 lawyers and paralegals will be req...

Episode # 221 - Designation of Beneficiaries under the Insurance Act from 2010-09-07T17:54

This week on Hull on Estates, David and Nadia discuss issues that arise surrounding the designation of beneficiaries under the Insurance Act and how they interact with provisions in testamentary do...

Episode #220 - Estate Planning and Assisted Human Reproduction from 2010-09-01T15:14

Episode #219 - Estate Distribution from 2010-08-24T20:59

Episode #218 - Morgan (Estate) v. Morgan, 2010 BCCA 299 from 2010-08-17T18:27

This week on Hull on Estates Paul Trudelle and Rick Bickhram discuss the case of out of the British Columbia Court of Appeal.  The issues examined are timing, fulfillment of conditions under court...

Preservation of Rights in Pending Litigation - Hull on Estates #217 from 2010-08-10T19:17

Hull on Estates #216 - How to Pursue Recovery from 2010-08-05T20:47

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...

Episode #215 - Orders Giving Directions in the Context of a Will Challenge from 2010-07-27T17:14

Episode #213 - Intensive Wills and Estates Workshop from 2010-07-13T18:06

Episode # 212 - Observations Pertaining to Estates and Trusts Law from 2010-07-06T20:26

Episode #211 - Recap: OBA Trust and Estates Section from 2010-06-15T19:41

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,...

Episode #210 - Solicitors Duty of Care from 2010-06-09T20:31

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 wit...

Episode #209 - Assisted Suicide from 2010-06-01T20:43

Episode #208- Rule of Pecore from 2010-05-25T20:49

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 ar...

Episode #207 - Proprietary Estoppel from 2010-05-18T15:40

This week on Hull on Estate Rick Bickhram and Nadia M. Harasymowycz discuss proprietary estoppel, what it is and the three specific elements that are necessary to establish proprietary estoppel. I...

Episode #206- Rules from 2010-05-11T18:07

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 wi...

Dinner with the Honorable Estates List Judges- Hull on Estates #205 from 2010-04-30T16:16

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 20, 2010. If you h...

Bequests to Minors – Hull on Estates #204 from 2010-04-05T21:30

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 u...

Trustee Liability - Part 2 - Hull on Estates #203 from 2010-03-23T18:41

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 Liability - Hull on Estates #202 from 2010-03-16T06:00

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...

Capacity Litigation - Hull on Estates #201 from 2010-03-12T16:58

This week on Hull on Estates, Sharon Davis and Chris Graham discuss recent capacity litigation cases. If you have any comments, please email is at hull.lawyers@gmail or leave us a comment on our blog.

Estate Trustee Appointment - Hull on Estates #200 from 2010-02-23T18:55

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...

Sibling Rivalry - Hull on Estates #199 from 2010-02-17T16:31

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.

Will Interpretation - Hull on Estates #198 from 2010-02-10T15:46

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss Will interpretation.If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

Power of Attorney - Hull on Estates #197 from 2010-02-02T19:32

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...

Civil Proceedings - Hull on Estates #196 from 2010-01-19T19:15

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@gmai...

Guardianship Applications - Hull on Estates #195 from 2010-01-12T19:11

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 ...

Evidence Primer - Hull on Estates #194 from 2010-01-05T20:07

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.lawye...

New Year's Resolutions and Reviewing Estate Plans - Hull on Estates #193 from 2009-12-29T05:00

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 a...

Insurance Policies - Hull on Estates #192 from 2009-12-14T21:04

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...

Rodney Hull Q.C., LSM - Hull on Estates #191 from 2009-12-08T16:23

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.law...

Property Guardian Applications - Hull on Estates #190 from 2009-12-01T05:30

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...

Dueling Power of Attorney - Hull on Estates #189 from 2009-11-24T18:19

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.lawyer...

Cost Decisions and Estate Litigation - Hull on Estates #188 from 2009-11-19T16:49

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 comme...

Negligence Regarding Estates and Wills - Hull on Estates #187 from 2009-11-10T21:14

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.law...

Terminology in Civil Proceedings – Hull on Estates #186 from 2009-11-05T19:02

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....

Unworthy to Inherit - Hull on Estates #185 from 2009-10-27T04:00

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...

Selecting an Estate Trustee - Hull on Estates #184 from 2009-10-23T16:03

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, ...

Undue Influence - Hull on Estates #183 from 2009-10-13T17:29

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...

Contempt Motions - Hull on Estates #181 from 2009-09-29T15:44

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.la...

Will Clauses - Hull on Estates #180 from 2009-09-22T21:03

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 ...

Asset Management - Hull on Estates #179 from 2009-09-09T18:42

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 ...

The Family Law Act - Hull on Estates #178 from 2009-09-02T15:29

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.law...

Discussing Your Estate Plans - Hull on Estates #177 from 2009-08-25T17:59

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 th...

Admissible Evidence - Hull on Estates #176 from 2009-08-19T18:25

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 ...

Tax Issues - Hull on Estates #175 from 2009-08-11T16:00

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@...

Unjust Enrichment - Hull on Estates #174 from 2009-08-05T19:34

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 expla...

Episode #173 - Capacity Assessments from 2009-07-29T16:52

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 wh...

Episode #172 - The Willis Estate Case from 2009-07-21T21:11

The Willis Estate Case - Hull on Estates Episode #172This week on Hull on Estates, Bianca La Neve and Rick Bickhram discuss the recent decision of Justice Brown regarding the Willis Estate case and...

Episode 171 - Mutual Wills from 2009-07-14T20:09

Episode 170 - Parties Under Disability from 2009-07-08T22:47

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Episdoe 169 - News Stories That Impact Estate Litigation from 2009-07-02T22:08

Episode 168 - Taking Evidence Before Trial from 2009-06-22T21:07

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...

Episode 167 - Knowledge Management from 2009-06-17T20:18

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.la...

Episode 166 - The Estate Trustee During Litigation from 2009-06-09T22:42

Episode 165 - The Decision of Justice Brown from 2009-06-04T13:00

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Episode #164 - Terminating or Varying a Trust from 2009-05-27T02:39

This week on Hull on Estates, Jonathan Morse and Natalia Angelini discuss trusts; specifically the discuss terminating or varying a trust. They look at an article by Debra Stevens and give their th...

Episode #163 - Useful Clauses in a Will from 2009-05-19T22:00

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...

Episode 162 - The Distinction Between Bringing Motions and Commencing Proceedings from 2009-05-12T23:26

Episode 161 - Q + A with Rodney Hull from 2009-05-05T21:14

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 practic...

Episode 160 - The Unique Characteristics of the Estate Retainier from 2009-05-04T01:08

This week on Hull on Estates, Ian Hull and Suzana Popvic-Montag discuss the question of retainers. This topic comes from a seminar at the Law Society of Upper Canada where they had several practiti...

Episode 159 - Henson Trusts from 2009-04-22T03:10

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...

Episode 158 - The Role of the Office of the Public Guardian Trustee from 2009-04-14T22:17

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 governmen...

Episode 157 - Administration Bonds from 2009-04-07T22:25

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...

Episode 156 - Estate Needs and Will Needs for Someone With a Dependant from 2009-04-01T20:50

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Episode 155 - Court Proceedings Involving the Substitute Decisions Act and the Health Care Consent Act from 2009-03-25T13:45

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 Con...

Episode 154 - The Legal and Substantive Role of the Executor from 2009-03-18T15:12

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 ...

Episode 153 - Powers of Attorney for Personal Care from 2009-03-11T17:04

This week on Hull on Estates Diane Vieira and Natalia Angelini discuss powers of attorney for personal care. They refer to a paper by Mark Handelman on the subject. They point out that even though ...

Episode 152 - Amendments to the Rules of Civil Procedure from 2009-03-04T14:00

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. T...

Episode 151 - Protection For a Trustee Against Personal Liability from 2009-02-24T23:13

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Episode 150 - Insolvency issues when dealing with estates from 2009-02-17T22:45

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...

Episode 149 - Tucker and Tucker Estate Will Challenge from 2009-02-10T14:00

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Episode 148 - Estate Planning in Uncertain Economic Times from 2009-02-05T17:30

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 pl...

Episode 147 - Compensation paid to guardians of property from 2009-01-27T23:10

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 a...

Episode 146 - Short-circuiting the frivolous will challenge from 2009-01-20T14:00

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 hul...

Episode 145 - The decision of Frye vs. Frye from 2009-01-13T05:00

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 standpoi...

Episode 144 - Discussion of the case of Warren and Gilbert from Ontario Reports Dec 26th issue from 2009-01-07T21:25

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 proc...

Episode 143 - Procedural decisions that came out of the Ontario Superior Court of Justice from 2008-12-30T21:30

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Episode 142 - The formal requirements to make a valid Will in Ontario from 2008-12-23T05:00

This week on Hull and Estates, Christopher Graham and Bianca La Never review the formal requirements to make a valid Will in Ontario and the consequences of failing to adhere to the formal requirem...

Episode 141 - Transition of Disabled Minors into Adulthood from 2008-12-19T22:32

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Episode 140 - Managing Estate Issues from 2008-12-09T05:00

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' ...

Episode 139 - Rose v. Rose from 2008-12-02T05:15

This week on Hull on Estates, Rodney Hull and Jonathan Morse discuss the case of Rose v. Rose [24ETR(3D)217 or 81OR(3D)349]. The case is valuable and instructive as it  raises questions about recti...

Episode 138 - The Concept of Ethical Wills from 2008-11-25T20:40

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Episode 137 - Offers to Settle in the Context of a Will Challenge from 2008-11-18T17:50

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. The explain the difference between a will challenge and civil litig...

Episode 136 - Offers to Settle in the Context of a Will Challenge from 2008-11-18T17:35

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Episode 136 - The Family Law Act and division of property problems from 2008-11-11T23:42

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Episode 135 - Dealing with Estate Issues That Arise Immediately Upon Death from 2008-11-04T05:00

This week on Hull on Estates, David Smith and Natalia Angelini talk about estate issues that arise immediately upon death. Duties include locating the will, making funeral arrangements and being re...

Episode 134 - The Law as it Affects Older Adults from 2008-10-28T04:00

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 ...

Episode 133 - The Interrelationship Between a Guardian of Property and a Trustee Under a Testamentary Trust from 2008-10-21T17:48

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...

Episode 132 - Testamentary Capacity Issues from 2008-10-14T04:00

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...

Episode 131 - Piszczek v. Zurawska from 2008-10-07T19:55

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 ac...

Episode 130 - A Review of Dependant Support Claims from 2008-09-30T18:21

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 relate...

Episode 129 - Fiduciary Accounting from 2008-09-23T04:00

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 ...

Episode 128 - Attorneyship Issues from 2008-09-16T04:00

Natalia Angelini and Chris Graham discuss attorneyship issues - specifically solicitor's liability with respect to powers of attorney and an attorney's duty to account.Comments? Send us an email at...

Episode 127 - Variation of Trusts from 2008-09-09T21:13

Episode 126 - Tracking Down Heirs from 2008-09-02T04:00

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 h...

Episode 125 - Estate Planning for the Newly Separated Spouse from 2008-08-26T15:40

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 . They hav...

Episode 124 - Passing of Accounts and a Joint Retainer from 2008-08-19T17:06

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 , ca...

Episode 123 - The Golubchuk Case and the Health Care Consent Act from 2008-08-12T04:10

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 , call us on...

Episode 122 - Settlement Issues from 2008-08-05T04:00

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. ...

Episode 121 - The Absentee Act from 2008-07-30T20:49

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 , call us on the co...

Episode 120 - Developments in Will Changes from 2008-07-22T04:10

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 em...

Episode 119 - Strategies to Prevent Estate Litigation from 2008-07-15T04:00

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 comm...

Episode 118 - Declarations of Death Act from 2008-07-08T04:00

Episode 117 - Dependent Support and the Succession Law Reform Act from 2008-07-01T13:43

This week on Hull on Estates, Natalia Angelini and Craig Vander-Zee discuss dependent relief and reference a variety of cases that utilized the Succession Law Reform ActComments? Send us an email a...

Episode 116 - Compensation for Estate Trustee and Solicitor Work from 2008-06-24T04:10

This week on Hull on Estates, Paul Trudelle and Diane Vieira discuss compensation for work done by estate trustees and estate solicitors.Comments? Send us an email at , call us on the comment line ...

Episode 115 - Becoming an Executor after Death from 2008-06-17T04:10

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 , call ...

Episode 114 - Same-Sex Marriages and their Impact on Estate Law and Administration from 2008-06-12T19:53

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 , cal...

Episode 113 - Accounting Under the Powers of Attorney from 2008-06-03T04:10

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...

Episode 112 - Lost Wills from 2008-05-27T04:00

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 comme...

Episode 111 - Evidence issues in estates when a main party is deceased from 2008-05-20T04:10

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 3...

Episode 110 - Talking About Wealth and Personal Finance from 2008-05-13T04:10

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 , call ...

Episode 109 - Passing of Accounts from 2008-05-06T13:35

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 ...

Episode 108 - Dependency and Undue Influence from 2008-04-29T04:00

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 : http://estat...

Episode 107 - Alter Ego Trusts from 2008-04-22T04:10

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 , call us on the comment line at 206-...

Episode 106 - Expert Witnesses and Expert Reports (The Cross Examination) from 2008-04-15T21:17

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 , call us on the comment line ...

Episode 105 - Sham and Secret Trusts from 2008-04-08T04:10

This week on Hull on Estates, Suzana and Ian discuss sham and secret trusts.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the

Episode 104 - Issues Causing Delay in the Granting of Probate from 2008-04-01T19:34

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 , call us on the comment line on 206-350-6636, or leave us a c...

Episode 103 - Midori and Ogilvy from 2008-03-25T04:10

This week on Hull on Estates, Rick and Sean discuss the Midori and Ogilvy case cited in edition 159 of the CCH's periodical Will Power.Comments? Send us an email at , call us on the comment line at...

Episode 102 - The Deemed Undertaking Rule from 2008-03-18T04:10

This week on Hull on Estates, Paul and Allan discuss the deemed undertaking rule and its application in estate matters.Comments? Send us an email at , call us on the comment line at 206-350-6636, o...

Episode #101 - Assisted Reproductive Technology and Succession Law from 2008-03-11T04:00

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 m...

Episode 100 - Trustees' Rights to Indemnification from 2008-03-04T05:10

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 u...

Episode 99 - A Continuation of Experts in the Context of Estates from 2008-02-26T05:10

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 t...

Episode 98 - Accounting Procedure Available Under the Substitute Decision Act from 2008-02-19T05:10

This week on Hull on Estates, Rick and David discuss accounting procedure under the Substitute Decisions Act and review executor and attorney obligations as well as specific procedures permitting s...

Episode 97 - The Ontario Civil Justice Reform Project from 2008-02-12T05:10

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.Comments...

Episode 96 - The Family Conference from 2008-02-05T05:10

This week on Hull on Estates, Natalia and Allan discuss the family conference.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the

Episode 95 - Tips and Traps in Drafting from 2008-01-30T21:30

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

Episode 94 - Experts in Estate Matters from 2008-01-22T05:10

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, diffe...

Episode 93 - Karkus v. Cotroneo 2007 from 2008-01-15T05:10

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: p...

Episode 92 - Proprietary Estoppel from 2008-01-08T05:00

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

Episode 91 - Consent Orders from 2008-01-03T17:03

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

Episode 90 - Estate Assets from 2007-12-18T05:00

This week on Hull on Estates, Natalia Angelini and Sean Graham discuss issues that surround estate assets.

Episode 89 - Probate Issues and Requirements from 2007-12-11T05:00

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 prob...

Episode 88 - Preparing for Trials in the Context of Contested Passing of Accounts from 2007-12-04T05:10

In this podcast, Craig Vander Zee and Paul Trudelle discuss trial preparation considerations in the context of a contested passing of accounts.

Episode 87 - The Lesser Rules of Estate Litigation from 2007-11-27T05:00

This week on Hull on Estates, David Smith and Justin deVries discuss the lesser rules (Rules 8-11) of estate litigation.

Episode 86 - The STEP and Elder Law Conferences from 2007-11-20T05:10

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

Episode 85 - Getting Off the Record from 2007-11-13T05:10

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

Episode 84 - Trust Claims and Non-Married Spouses from 2007-11-06T05:10

This week on Hull on Estates, David Smith and Megan Connolly discuss constructive trust claims made against an estate by a non-married spouse.

Episode 83 - Appointing, Changing or Removing Trustees from 2007-10-30T04:10

This week on Hull on Estates, Craig Vander Zee and Paul Trudelle discuss the issues surrounding trustee appointments and changes.

Episode 82 - Court Order Compliance from 2007-10-23T04:05

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

Episode 81 - Court Approval from 2007-10-16T04:05

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 approval...

Episode 80 - Estate Planning Tips from 2007-10-09T04:10

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.

Episode 79 - The Benefits and Pitfalls of Incentive Trusts from 2007-10-02T04:01

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.

Episode 78 - The Removal of Estate Trustees from 2007-09-25T04:01

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 repla...

Episode 77 - Your Sins Are Not Forgiven - Cost Awards and Charities from 2007-09-18T04:02

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...

Episode 76 - Pet Trust Funds from 2007-09-11T04:01

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.

Episode 75 - Securing Interest in Land in Litigation from 2007-09-04T04:02

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

Episode 74 - Spousal Exclusion From Will of Deceased from 2007-08-28T04:05

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 exculsion.

Episode 73 - Dickie and Dickie from 2007-08-21T04:03

In this week's episode of Hull on Estates, Craig and Paul discuss the case of Dickie v Dickie, which deals with the use of contempt orders to enforce orders of payment.

Episode 72 - Estate Law Case Study from 2007-08-14T04:04

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

Episode 71 - Trusts from 2007-08-07T04:03

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 t...

Episode 70 - Litigation Involving Minors from 2007-07-31T04:03

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 of Ontario's Rules of Civil Procedure as...

Episode 69 - Partition in Sale Proceedings from 2007-07-24T04:01

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

Episode 68 - Demand Promissory Notes and the Estate from 2007-07-17T04:03

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...

Episode 67 - The Dog Days of Summer: Planning for the Transfer of the Family Cottage from 2007-07-10T10:36

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.

Episode 66 - Joint Accounts from 2007-07-03T04:54

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 con...

Episode 65 - Interim Support in Dependent Support Claims from 2007-06-26T14:46

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 ...

Episode 64 - Testamentary Intent: Holograph Wills from 2007-06-19T04:14

During Hull on Estates Episode #64, David Smith and Natalia Angelini discuss holograph wills generally with specific consideration of the

Episode 63 - Tips for Managing and Controlling Estate Litigation - Conclusion from 2007-06-12T04:27

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 Pro...

Episode 62 - What Happened to My Gift: The Principle of Ademption from 2007-06-05T04:53

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 attorne...

Episode 61 - The Solicitor/Client Privilege and the Duty of Confidentiality from 2007-05-29T04:46

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 co...

Episode 60 - Mutual Wills from 2007-05-22T04:48

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 sec...

Episode 59 - Joint Accounts from 2007-05-15T04:38

During Hull on Estates Episode #59, David Smith and Jason Allan discuss two recent decisions of the Supreme Court of Canada, , and . These two decisions concern joint bank accounts and the decision...

Episode 58 - The Use of Contempt Motions in the Estate Context from 2007-05-08T04:11

During Hull on Estates Podcast #58, Craig Vander Zee and Bianca La Neve discuss the use and basis for a contempt motion and referred to the Court of Appeal's confirmation in Forrest v. Lacroix E...

Episode 57 - A Dutch Treat; Conflict of Laws and Estate Administration - Which Law Governs? from 2007-05-01T04:30

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 Di...

Episode 56 - The Hull&Hull website and a Practice Tip from 2007-04-24T04:31

During Hull on Estates Episode #56, Ian Hull and Suzana Popovic-Montag review the updates on the website and discuss the available resources such as Hull & Hull TV (streaming videos), the Probator...

Episode 55 - The Effect of Joint and Several Liability on Trustees from 2007-04-21T02:34

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 ...

Episode 54 - Contemplating "In Contemplation of Marriage" from 2007-04-10T04:51

During Hull on Estates Podcast #55, David Smith, Partner at Hull & Hull LLP, discusses his upcoming Probator article (check the soon) which concerns making a Will in contemplation of marriage. Da...

Episode 53 - Tips for Controlling and Managing Estate Litigation from 2007-04-03T04:44

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, applic...

Episode 52 - Trying to Protect an Elderly Parent from Financial Exploitation; The Limits on Power of Attorney from 2007-03-27T04:01

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...

Episode 51 - The Trustee's Power to Encroach on Capital from 2007-03-20T12:18

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 ...

Episode 50 - The Rectification of a Will from 2007-03-13T04:23

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 Solicito...

Episode 49 - The Estate Trustee During Litigation from 2007-03-06T05:04

In 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...

Episode 48 - Tips for Directing and Controlling Estate Litigation from 2007-02-27T05:55

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 ...

Episode 47 - The Two Sides to Transferring a Cottage to your Children from 2007-02-20T05:44

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 a transfer of assets into a irrevocable trust leads to litiga...

Episode 46 - Causation from 2007-02-13T05:18

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   and , negligence claims, the standard and duty...

Episode 45 - The Use of Contempt Procedures in Estate Matters from 2007-02-06T05:14

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 t...

Episode 44 - Trustee Obligations to Beneficiaries from 2007-01-30T18:53

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 ...

Episode 43 - Managing Estate Litigation: Order for Directions continued from 2007-01-23T05:06

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 ...

Episode 42 - Adult Support Obligations for Elderly Parents from 2007-01-16T05:32

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-y...

Episode 41 - The Waters' Law of Trusts in Canada from 2007-01-09T05:39

During Episode #41, Ian and Suzana reviewed the  and discussed the extensive and helpful coverage of estate law topics offered by the text.

Episode 40 - New Years Resolutions for Succession Planning from 2007-01-02T05:05

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.

Episode 39 - Removing an Estate Trustee from 2006-12-19T05:01

During Hull on Estates Episode 39, Jason Allan and David Smith discussed the considerations that apply when beneficiaries seek to remove the trustee(s) of an estate. They discuss a factual situatio...

Episode 38 - Managing Estate Litigation - Order Giving Directions from 2006-12-12T20:17

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

Episode 37 - Limitation Periods and Equalization Payments from 2006-12-05T05:15

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 o...

Episode 36 - Mediation from 2006-11-28T05:12

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 ...

Episode 35 - Will Challenges from 2006-11-21T05:04

During Hull on Estates Episode 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 serve...

Episode 34 - Security for Costs Motion in the Context of Estate Litigation from 2006-11-14T05:14

During Hull on Estates Episode 34, we discussed Security for Costs Motions in the context of Estate Litigation inlcuding the cases of Re Bisyk (1979), 23 O.R. (2d), 600, Moses Estate, Re (2001), 38...

Episode 33 - Hull&Hull LLP's New Website from 2006-11-07T05:15

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 Eve...

Episode 32 - The Family War - Winning the Inheritance Battle from 2006-10-31T05:08

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 these fights, how to...

Hull on Estates Episode 31 - Contingency Fee Agreements in the Context of Estate Litigation from 2006-10-24T07:08

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 contin...

Episode 30 - Security for Costs Motion from 2006-10-17T08:13

During Hull on Estates Episode 30, we discussed security for costs motions including the concepts involved in security for costs motions and when the Courts will award security for costs motions.  ...

Episode 29 - Podwise Social Media Inc. from 2006-10-10T04:47

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 o...

Episode 28 - Solicitor's Negligence from 2006-10-03T04:27

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 ...

Episode 27 - Compensation of an Estate Trustee Continued from 2006-09-26T04:19

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...

Episode 26 - The Compensation of an Estate Trustee from 2006-09-19T04:19

During Hull on Estates Episode #26, we discussed the compensation of an estate trustee.

Episode 25 - Why We Blog from 2006-09-12T04:56

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, . ...

Episode 24 - Disclosure to Beneficiaries from 2006-09-05T04:37

In Episode #24, we discussed the issue of disclosure of information by trustees to beneficiaries. We referred to the cases of O'Rourke v. Derbyshire, [1920] A.C. 581 (H.L.); Re Ballard Estate (1994...

Episode 23 - Summary Judgment Motions - Part II from 2006-08-29T04:44

During Hull on Estates podcast #23, we discussed the tips for and the pitfalls of bringing motions for summary judgement in estate litigation.

Episode 22 - Summary Judgment Motions - Part I from 2006-08-22T04:01

During 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...

Episode 21 - The Process of Estate Litigation from 2006-08-15T04:01

During Hull on Estates Episode #21, we discussed the conditions which can lead to a Will challenge and the steps of the Estate litigation process.

Episode 20 - Costs Awards from 2006-08-08T04:01

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 c...

Episode 19 - Overview of Costs in the Estate from 2006-08-01T04:01

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 pr...

Episode 18 - Contingency Fees and Security for Costs in Estate Litigation from 2006-07-25T04:01

In Hull on Estates Episode #18, we discussed security for costs in the area of estate litigation, focusing on the role of contingency fees.

Episode 17 - Costs in Estate Litigation from 2006-07-18T04:01

During Hull on Estates Episode #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 6...

Episode 16 - Harrison v. Fallis from 2006-07-11T04:01

During Hull on Estates Podcast #16, we discussed the case of Harrison v. Fallis, a recent decision of Madam Justice Eberhard dated June 12, 2006.  

Episode 15 - Popke v. Bolt from 2006-07-04T04:01

In Hull on Estates Episode 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....

Episode 14 - Leskun vs. Leskun from 2006-06-27T04:01

During Hull on Estates Episode #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.

Episode 13 - Costs in Estate Litigation from 2006-06-20T13:01

In Hull on Estates Episode #13, we discussed costs in Estate litigation.

Episode 12 - Burden of Proof from 2006-06-13T04:01

In Hull on Estates Episode 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.    

Episode 11- Capacity Assessments from 2006-06-08T19:42

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 statemen...

Episode 10 - Knowledge and Approval from 2006-05-31T02:18

Show Notes: In Podcast #10 we finished off knowledge and approval, talked about mistakes in that context, and reviewed undue influence.

Episode 9 - Knowledge and Approval from 2006-05-23T04:56

During this pod cast 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. S...

Episode 8 - Suspicious Circumstances from 2006-05-16T04:01

Show Notes: 1.  The general concept of "suspicious circumstances" and what amounts to such circumstances 2.  The onus of proof on a propounder of a will and an alleger of undue influence 3.  The me...

Episode 7 - Testamentary Capacity from 2006-05-09T04:01

During this pod cast on testamentary capacity, we discussed the following:         (i)     the requirement of a "disposing memory";     (ii)    age-related "incapacities";     (iii)    the Re Bohr...

Episode 6 - Testamentary Capacity from 2006-05-02T04:01

Episode 6 - Testamentary Capacityage restrictions to keep in mind when drafting a willrequisite mental capacitythe issue of insane delusions

Episode 5 - More on drafting wills from 2006-04-25T04:02

Episode 5 - More on drafting willsconstructive trusts;specific devises and bequests;life insurance;the description of beneficiaries;trusts/life interests;the selection and powers of trustees, inclu...

Episode 4 - Legal issues when drafting a will from 2006-04-18T04:02

Episode 4 - Legal issues when drafting a willthe international willrevocation by marriagelapseabatement the rule in Saunders v. Vautier

Episode 3 - Will drafting issues from 2006-04-11T05:00

Episode 3 - Will drafting issuesundue influencesuspicious circumstances due executioninternational wills

Episode 2 - Testamentary capacity from 2006-04-03T13:00

Episode 2 - Testamentary capacity the solicitor's role the court's role defining testamentary capacityBanks v. GoodfellowLeger v. Poirier

Episode 1 - Drafting wills&careful note-taking from 2006-03-28T14:57

Episode 1 1. Will drafting tips a. note taking b. checklists