Hull On Estates

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 this distinction within the context of estate and guardianship proceedings. Should you have any questions, please email us at , or leave a comment on our blog.

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 removing each other as the estate trustee of the deceased’s estate. You can read more about this decision in David Freedman’s recent blog post. 

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 the context of dependant support and its application under Part V of the (Ontario) Succession Law Reform Act.

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 Context of Estates. Congratulations again to Sara Cohen for being recognized as one of the Top 25 Most Influential by Canadian Lawyer in respect of her work in Canadian fertility law.

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 whether a person can temporarily regain capacity after he/she has been impaired. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog.

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 distributions to an estate to cover unanticipated tax liabilities. Episode resource: Should you have any questions, please email us at , or leave a comment on our blog.

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

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 trustees, and passing of accounts.

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 to in determining whether two parties are common law spouses within the meaning of the Act, with particular attention paid to whether two parties must live under the same roof to be considered common law spouses.

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 leave a comment on our blog.

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 respect to the application of Pecore in transfers of real property between a parent and their adult child.

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.

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 disclosure obligations of prior draft expert reports. Should you have any questions, please email us at  or leave a comment on our blog.

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 elect in favour of equalization even when the spouse receives nothing under the will. Should you have any questions, please email us at  or leave a comment on our blog.

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 with surviving family members or friends, but also in continuing an online presence after death. Should you have any questions, please email us at  or leave a comment on our blog.

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 for property and for personal care.  In , the Court considered the effectiveness of a disputed resignation where the attorneys imposed a condition that had not been satisfied.

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 has been targeted towards the gathering of these assets, and the determination of the rightful owner, attention must also turn to the inclusion of these assets in administration and accounting. Should you have any questions, please email us at  or leave a comment on our blog.

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 Hon. Justice Skarica released recently on March 27, 2015. Should you have any questions, please email us at  or leave a comment on our blog page.

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 difficult legal questions and how this might be applicable in the context of estate litigation. Should you have any questions, please email us at  or leave a comment on our blog.

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 locations such as Walmart. Natalia and Stuart also continue the which we have recently been having on our blog regarding the potential positives and negatives of these kinds of services. Should you have any questions, please email us at  or leave a comment on our blog page.