Hull On Estates

This week on Hull on Estates, Paul Trudelle and Doreen So discuss the trial and costs decisions in Eve v. Brook, 2016 ONSC 1496 (), and 2016 ONSC 3532 ().

This week on Hull on Estates, David Smith and Nick Esterbauer discuss the equitable doctrine of rectification and situations in which Ontario courts may be willing to rectify wills and life insurance beneficiary designations

This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss the recent decision of Re: Hanson Estate, 2016 ONSC 2382 (), and whether an individual who is mentally competent but physically incapable can direct another individual to sign a life insurance beneficiary designation on their behalf.

This week on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss Marcia Green’s paper, entitled “Dealing with Personal Property: The Pesky and the Practical”, which was presented at the Law Society of Upper Canada’s The Six-Minute Estates Lawyer conference on May 3, 2016.

This week on Hull on Estates, Paul Trudelle and Lisa Haseley discuss Sidney Peters and Citlally Maciel’s paper, “Reclaiming Autonomy: Practical Considerations when Client’s resume Capacity”, which was presented at The Six-Minute Estates Lawyer OBA conference on May 3, 2016.

This week on Hull on Estates, Natalia Angelini and Doreen So discuss Deborah Petch’s paper, “Safe Practices: Reducing the ‘Risky Business’ Factor”, which was presented at The Six-Minute Estates Lawyer OBA conference on May 3, 2016”. 

This week on Hull on Estates, Paul Trudelle and Stuart Clark discuss contemporaneous capacity assessments. For a link to the paper by Dr. Kenneth Shulman discussed in the podcast, please click here http://bit.ly/1TgJCnl.

This week on Hull on Estates, Noah Weisberg and David Morgan Smith provide a general discussion on insurance policies in the context of estate litigation. 

This week on Hull on Estates, Jonathon Kappy and Umair Abdul Qadir discuss the Court of Appeal’s recent comments on independent legal advice in Donis v Georgopoulos, 2016 ONCA 194 (http://bit.ly/1qLCSqL), where an inter vivos transfer was challenged on the basis of undue influence. Read more about the Court’s decision on our blog. (http://bit.ly/1RYCGi3)

This week on Hull on Estates, Natalia Angelini and Lisa Haseley discuss estate planning techniques for reducing probate fees and the pitfalls.

This week on Hull on Estates, Paul Trudelle and Nick Esterbauer discuss recent developments in the prohibition against physician-assisted death, including the exemption granted by the Ontario Superior Court of Justice last month in A.B. v. Canada (Attorney General). (http://bit.ly/1RILY06)

This week on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the duties trustees owe to beneficiaries as it relates to the rule in Saunders v Vautier.

This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss the Court of Appeal’s recent decision of Neuberger v. York, 2016 ONCA 191, and the inquisitorial role of the court in the context of a will challenge, and the applicability of the doctrines of estoppel by convention and estoppel by representation in a will challenge.

This week on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss the Court of Appeal’s recent ruling in Spence v BMO Trust Company, 2016 ONCA 196 (http://bit.ly/1RJfrnR). The Court of Appeal overturned the controversial decision of the Superior Court of Justice, where the Court had set aside the deceased’s Will because it was contrary to public policy based on extrinsic evidence.Read more about the Court of Appeal’s decision on our blog (http://bit.ly/225PtlP), and don’t miss our previous podcast on the lower court decision (http://bit.ly/1RZAHID)

This week on Hull on Estates, Paul Trudelle and Doreen So discuss how a bequest to a witness may be void and who should not be a witness to the execution of a Power of Attorney.

This week on Hull on Estates, David Morgan Smith and Lisa Haseley discuss public policy and the recent Ontario Superior Court decision of Royal Trust Corporation of Canada v. The University of Western Ontario et al. http://bit.ly/1R83FTR

This week on Hull on Estates, Noah Weisberg and Nick Esterbauer discuss a recent decision of the Tax Court of Canada that addresses the use of property transferred to spouses to satisfy tax liabilities pursuant to the Income Tax Act.  A copy of the Kuchta v. The Queen decision is available here: http://bit.ly/1QcncGi

This week on Hull on Estates, Natalia Angelini and Doreen So discuss a recent dependant support ruling in Bormans v Estate of Bormans and the treatment of insurance proceeds pursuant to section 72 of the Succession Law Reform Act.

This week on Hull on Estates, Paul Trudelle and Stuart Clark discuss the recent decision of Re: Estate of Richard Lewis Crane, 2016 ONSC 291, and the issue of whether mortgage insurance should be taken into account when calculating the “net estate” available for distribution on an intestacy

This week on Hull on Estates, David Morgan Smith and Noah Weisberg discuss the responsibility for joint debt upon death of one of the debtors.