Hull On Estates

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 affect the power to encroach including the Armchair rule of construction, the Evenhand approach and the concept of malefides. They also touch on various cases including the U.K. case of Gisbourne v. Gisbourne, and Fox v. Fox Estate (1994), 5 E.T.R. (2d) 174 (Ont.Ct. (Gem Div.)) For more information on the power to encroach, see Ian's article in Estates, Trusts & Pensions Journal, "Discretion to Encroach: Do the Beneficiary's Personal Resources Matter?"

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 Solicitor's notes and prior Wills, as well as Intestacy and Knowledge and Approval of the Will. 

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 the ETDL and the powers and duties of the ETDL.  For more information on this topic, see the case of Salisbury v. Dell (1993 Ont. Gen Div) and Jordan Atin's artice, The Estate Trustee During Litigation, in Estate Litigation, volume 2. 2nd ed. (Toronto: Thomson Carswell, 2000) at p.24-1.  

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 discovery and mediation. Visit to find more podcasts on managing estate litigation. 

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 litigation. 

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 of care and the question of onus are considered. The cases of  in the British Columbia Court of Appeal, Sykes v. Midland Bank [1971] 1 Q.B. 113 and Major v. Buchanan (1975), 9 O.R. (2nd) 491 at 514, 61 D.L.R. (3rd) 46 (H.C.)are also examined.

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 the failure of  Estate Trustees to produce accounts and the resort to the contempt mechanisms in order to compel their production.    

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 claims available to beneficiaries against a trustee who is alleged to have acted improperly and the defences available to the trustee.

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 considered multiple proceedings (ex. dependent support claims), how issues are set out in Orders for Directions, and evidence requirements, including documentary discovery.

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-year-old mother for support from four adult children. The issues covered included the definitions of "reasonable care" and "support", and insight into when support will be ordered for parents. 

During Episode #41, Ian and Suzana reviewed the  and discussed the extensive and helpful coverage of estate law topics offered by the text.

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.

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 situation involving a trustee who engages in questionable conduct and the various recourses available in an application for the trustee's removal.

During Hull on Estates Podcast #38, we discussed provisions that may be included in Orders Giving Directions.

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 of the case; - the marriage contract; - the Application to extend the time for the limitation period; - Section 2(8) of the Family Law Act; and - the Courts decision in this matter.     

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 proceeding to mediation; and - considerations for selecting a mediator.

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 served in a Will Challenge; - how to decide if you need your own lawyer or if you should join forces with the same solicitor; - how to deal with the costs of the Will Challenge when dealing with several lawyers.

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 E.T.R. (2d) 231 (Manitoba Master) and Boutzios Estate, Re (2004), 5 E.T.R. (3d) 51 (Ont. S.C.J.) and the changing landscape of the law in respect of Security for Costs Motions.

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 Events, Links and Hull Estate Mediation.

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 deal with them when you are in them and how to get out of them as quickly and in the best way possible.