Hull On Estates

This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss a finding of support for an adult dependant child in .

This week on Hull on Estates, Natalia Angelini and Doreen So discuss the estate administration issues surrounding the disposition of the body, where there is no will, in ) and .

This week on Hull on Estates, Noah Weisberg and Nick Esterbauer discuss continued accounting obligations during the COVID-19 pandemic and procedural considerations relating to fresh and pre-existing applications to pass accounts.

In today’s podcast, Paul Trudelle and Kira Domratchev discuss the British Columbia Supreme Court’s decision in , and the factors considered by the Court in holding that the document found on the deceased’s computer was a Will in accordance with the curative provisions of the relevant legislation.

In today’s podcast, Stuart Clark and Doreen So discuss the Ontario Court of Appeal’s decision in Donaldson v. Braybrook, , and what to consider when the ownership of a family cottage was changed to include the children. 

In today’s podcast, Natalia Angelini and Sydney Osmar discuss the OBA’s Institute Elder Law program recently chaired by Natalia and Kimberly Whaley Whaley. Natalia and Sydney delve into the debated issue of whether or not beneficiary designations are testamentary. Tune in to learn how the crowd voted. Please note that, as a result of technical difficulties, the introduction of this podcast has been cut off. Sorry for the inconvenience.

On today’s podcast, Noah Weisberg and Rebecca Rauws discuss the recent decision of . In that case, the testator tried to disinherit one of his daughters, but failed to make provision in his Will for the disposition of the residue of his estate in the event that the residuary beneficiaries predeceased him (which they did). Without this, the residue of the testator’s estate was distributed on an intestacy—entirely to the daughter that he had wished to disinherit.

In today’s podcast, Jonathon Kappy and Sydney Osmar discuss the difference between strict compliance and substantial compliance regimes regarding the formality of Wills.

In today’s podcast, Stuart Clark and Garrett Horrocks review some of the main procedural differences between the two primary types of legal proceeding in Ontario: the application, and the action.

This week on Hull on Estates, Natalia R. Angelini and Kira Domratchev discuss a recent decision on the retroactive effect of proof of death in  that dealt with a pension case from Quebec. A helpful Canadian Lawyer magazine article by Elizabeth Raymer summarizing this decision can be found .

This week on Hull on Estates, Noah Weisberg and Doreen So discuss a recent decision on oppression remedies in and how corporate issues may arise in estate matters. 

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the recent Ontario Court of Appeal decision in , and the law regarding informal trust arrangements.

On today’s podcast, Paul Trudelle and Rebecca Rauws discuss the recent decision of , and the minimal evidentiary threshold test for will challenges.

On today’s podcast, Natalia Angelini and Rebecca Rauws discuss elder law issues, including the increasing prevalence of such issues in our practice, the different viewpoints on damages, and the need for more case law in this area.

In today’s podcast, Noah Weisberg and Sydney Osmar discuss Webb v Belway, , a recent case from the Ontario Superior Court of Justice, where the court had to consider whether a common law spouse’s conduct towards the end of the deceased’s life, which included misappropriating funds as attorney for property, should be taken into consideration in determining whether she is entitled to support.   If you would like to read more about the case, see Natalia Angelini’s recent blog .  

In today’s podcast, Jonathon Kappy and Sayuri Kagami discuss Grewal v Litt, , a recent case out of BC where 4 sisters sought to have the court vary their parents wills that left almost 96% of the parents’ estates to the applicants’ 2 brothers. The applicants claimed that the parents failed to make adequate provision for their proper maintenance and support as a result of cultural discrimination that favoured sons over daughters.   If you’d like to read more about the case, see Garrett Horrock’s recent blog .

In this week’s episode of Hull on Estates, Paul Trudelle and Garrett Horrocks discuss the use of hearsay evidence in a motion for summary judgment, and the Ontario Court of Appeal  decision of 2019 ONCA 447 (CanLII).

This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss the decision of Nelson v Trottier, 2019 ONSC 1657, and the legal obligations of the survivor in circumstances where there is a mutual wills agreement.

Today on Hull on Estates, Natalia Angelini and Doreen So discuss life insurance policies, separation agreements, and the limits to section 72 of the Succession Law Reform Act in Birnie v Birnie, 2019 ONSC 2152.

Today on Hull on Estates, Noah Weisberg and Nick Esterbauer discuss the role of social media in the context of Estate Litigation.