Informações:
Sinopse
Hull on Estates is a series of podcasts for the Canadian legal community dealing with issues and insights surrounding estate planning in Canada. Hosted by the lawyers of Hull and Hull LLP, the podcasts will touch on some of the key considerations when planning wills and estates
Episódios
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Episode 71 - Trusts
07/08/2007 Duração: 13minIn this episode of Hull on Estates, Ian and Suzana have a discussion dealing with the use of trusts. They use the example of a case where a family put their cottage into a cottage trust, and when the children grew older, the children wanted cottages of their own.
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Episode 70 - Litigation Involving Minors
31/07/2007 Duração: 14minIn 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 well as the case of Marcoccia (Litigation Guardian of) v. Gill, 2007 Carswell,Ont 15 (Ont.S.C.J.).
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Episode 69 - Partition in Sale Proceedings
24/07/2007 Duração: 12minIn 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.
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Episode 68 - Demand Promissory Notes and the Estate
17/07/2007 Duração: 14minCraig and Bianca discuss demand promissory notes and the recent decision of Hare v. Hare [2007] 83. O.R. (3d) 766. The Hare decision specifically deals with the limitation periods applicable to the enforcement of a demand promissory note. Craig and Bianca also discuss demand promissory notes in the estate context, and the considerations parents should take into account when making demand loans to children.
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Episode 67 - The Dog Days of Summer: Planning for the Transfer of the Family Cottage
10/07/2007 Duração: 10minJustin 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.
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Episode 66 - Joint Accounts
03/07/2007 Duração: 11minDuring 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 concerning joint accounts and their role in estate litigation.
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Episode 65 - Interim Support in Dependent Support Claims
26/06/2007 Duração: 13minDuring Hull on Estates Episode #65, Sean Graham and Paul Trudelle discuss some of the practice and legal issues that arise regarding interim support in dependant support claims. Section 64 of the Succession Law Reform Act is referenced, as is the Puliver case and the Manninon case.
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Episode 64 - Testamentary Intent: Holograph Wills
19/06/2007 Duração: 11minDuring Hull on Estates Episode #64, David Smith and Natalia Angelini discuss holograph wills generally with specific consideration of the
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Episode 63 - Tips for Managing and Controlling Estate Litigation - Conclusion
12/06/2007 Duração: 12minDuring Hull on Estates Podcast #63, Craig Vander Zee and Bianca La Neve discussed various discretionary measures available to a court when making contempt orders. Rule 60 of the Rules of Civil Procedure was referenced, as well as the decision in Belanger v. McGrade Estate (2003), 65 O.R. (3d) 829 (Ont. S.C.J.).
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Episode 62 - What Happened to My Gift: The Principle of Ademption
05/06/2007 Duração: 11minDuring Hull on Estates Episode #62, Justin de Vries and Megan Connolly discuss the McDougald Estate c. Gooderham case decision of the Ontario Court of Appeal. They discuss what happens when attorneys for property sell assets that have been specifically gifted in a will. What can a beneficiary do?
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Episode 61 - The Solicitor/Client Privilege and the Duty of Confidentiality
29/05/2007 Duração: 12minDuring Hull on Estates Episode #61, Ian Hull and Suzana Popovic-Montag discussed the solicitor and client privilege and the difference between this concept and the duty of confidentiality in the context of estate law and estate litigation.
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Episode 60 - Mutual Wills
22/05/2007 Duração: 14minDuring Hull on Estates Episode #61, Sean Graham and Paul Trudelle discuss mutual wills and mirror wills. They discuss examples where a mutual will and a binding agreement would be used, such as second marriages. They also cover the importance of documentation of intent and discuss potential drawbacks of the mutual will. For more information on this topic, see the article by Debra L. Stephens, "Mutual Wills: A Primer", which was presented at , on April 10, 2007.
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Episode 59 - Joint Accounts
15/05/2007 Duração: 11minDuring 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 of right of survivorship, as well as the question of presumptions resulting trust and advancement.
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Episode 58 - The Use of Contempt Motions in the Estate Context
08/05/2007 Duração: 14minDuring 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 Estate (2000), 187 D.L.R. (4th) 280, (Ont. C.A.) and Forrest v. Lacroix (1999), 460 O.R. (3d) 364 that contempt motions cannot be used to enforce the payment of monies. Craig and Bianca also refer to Rule 60.05 and Rule 60.11 from the Rules of Civil Procedure which govern contempt motions.
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Episode 57 - A Dutch Treat; Conflict of Laws and Estate Administration - Which Law Governs?
01/05/2007 Duração: 12minDuring Hull on Estates Episode #57, Justin de Vries and Megan Connolly discuss an ongoing client matter which has come out of the Netherlands. This matter raises issues of conflict of laws, the Divorce Act, the Succession Law Reform Act, R.S.O. 1990, c. S.26, and dependant support claims. For more information on the conflict of laws, as it relates to this case, please see: McCallum v. Ryan Estate, [2002] O.J. No. 1088 (SCJ)Re Montizamber Estate, [1973] O.J. No. 1035 (SCJ)Smallman v. Smallman Estate, [1991] O.J. No. 1718 (OJC - Gen. Div.).
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Episode 56 - The Hull & Hull website and a Practice Tip
24/04/2007 Duração: 13minDuring 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 articles, and of course links to the . Ian discusses a book he has recently read, by David Allen. Ian heard about this book on the Marketing Monger podcast. Ian and Suzana's Practice Tip for this podcast helps the process of fiduciary accounting go smoothly.
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Episode 55 - The Effect of Joint and Several Liability on Trustees
21/04/2007 Duração: 14minDuring 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 when there are two or more estate trustees. Paul and Sean examine this estate topic with respect to the case of Fales v. Canada Permanent Trust Co. and Cooper (No. 2) Re.
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Episode 54 - Contemplating "In Contemplation of Marriage"
10/04/2007 Duração: 09minDuring 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. David discusses the circumstances that surround the clauses in and how this issue can cause estate litigation.
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Episode 53 - Tips for Controlling and Managing Estate Litigation
03/04/2007 Duração: 16minDuring 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, applications vs. actions, oral discovery and mediation. Visit to find more podcasts on managing estate litigation.
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Episode 52 - Trying to Protect an Elderly Parent from Financial Exploitation; The Limits on Power of Attorney
27/03/2007 Duração: 11minDuring 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 their power of attorney when they transferred legal title to Mr. McMullen's, their father, condominium from his sole ownership to joint ownership? Justin and Megan summarize the case and cover issues such as capacity, breach of fiduciary duty and elder abuse.