#667: The Ramifications of Gifting Assets To Yourself As POA
Release Date: 06/06/2023
Hull on Estates
This week on Hull on Estates, Natalia Angelini and Aaron Chan discuss a lawyer's responsibility to their clients in estate planning by examining the case of .
info_outline #691 - Pets and Estate AdministrationHull on Estates
This week on the Hull on Estates Podcast, with Jonathon Kappy and Diana McBey discuss pets and estate administration. We discuss read more about the case .
info_outline 690 – Costs Considerations for Estate TrusteesHull on Estates
This Week on Hull on Estates, Nick Esterbauer and Darien Murray discuss costs consequences in estate litigation. They consider the modern approach to costs and review a recent example of its application in the Ontario Court of Appeal’s decision in Westover Estate v Jolicouer, 2024 ONCA 81.
info_outline 689 - Roe v. Roe Retrospective - A Will ChallengeHull on Estates
This week on Hull on Estates, Doreen So and Kiran Sanghera discuss Will Challenges and the case of Roe v Roe. Links: Insane Delusion Banton v. Banton, 1998 CanLII 14926 (ON SC) Tate v. Gueguegirre The Challenge of Appealing a Will Challenge
info_outline #688 - Estate Freezes and Net Family Property Equalization.Hull on Estates
On this week’s episode of Hull on Estates, and have a follow-up discussion on Stuart’s about Estate Freezes and Net Family Property Equalization. Cases discussed: Stone v. Stone, (ON CA) Reisman v. Reisman, (CanLII)
info_outline 687 - Retract a RenunciationHull on Estates
This week on Hull on Estates, Natalia Angelini and Haley Daniel discuss the retraction of renunciation of appointment as estate trustee. They analyze two recent court decisions Hunt v Hunt and Soo Estate and how this may impact the ability to retract a renunciation. Links: Blog: Hunt v Hunt: Soo Estate:
info_outline 686 - The Absentees Act and the case of Grover v. VaidHull on Estates
This week on the podcast Jonathon Kappy and Geoffrey Sculthorpe discuss the The Absentees Act and how it impacts the case for Grover v Vaid, 2023 ONSC 5931. Research Links: Case: Absentees Act: Declarations of Death Act:
info_outline 685 - Sham Trusts: Exploring a Purported Settlor’s IntentionsHull on Estates
This week on Hull on Estates, Nick Esterbauer and Doug Higgins review the decision of the Ontario Superior Court of Justice in McGoey (Re), 2019 ONSC 80. Through this unique case and its interesting evidentiary issue, Nick and Doug discuss the concept of a “sham” trust, and the principles applied by Ontario courts in evaluating a purported settlor’s intention to settle a valid trust. McGoey (Re), 2019 ONSC 80 (CanLII)
info_outline 684 - A Case of Moral ObligationHull on Estates
This week on the podcast, Natalia Angelini and Diana McBey discuss a case from British Columbia, Bautista v Gutkowski Estate, 2023 BCSC 1485. In a pivotal decision, the BC Court of Appeal varied a will in favor of an estranged son, recognizing the testator’s moral obligation. The case of Bautista v Gutkowski Estate reiterates the significance of moral duties in estate planning, especially towards one's children. Contact Us:
info_outline 683 - Parental Support under s. 32 of the Family Law ActHull on Estates
This week on Hull on Estates, Stuart Clark and Aaron Chan discuss a child’s obligation to support their parents under s. 32 of the Family Law Act. Links to the cases that were talked about are: L.F.D. v. X. Stravino v. Buttinelli Godwin v. Bolsco Dragulin v. Dragulin Parental Support – A child’s obligation to support their parents Contact Us: [email protected]
info_outlineThis week on Hull On Estates, Natalia Angelini and Mark Lahn review the case of Doherty v. Doherty, which is a cautionary tale for those acting as a Power of Attorney who make gifts to themselves. This case deals with issues commonly encountered in both estate and POA litigation that those who practice in the area won't want to miss.