693 - Support Obligations and Statutes: Considerations for Attorneys and Trustees
Hull on Estates
This week on Hull on Estates, Stuart Clark and Doug Higgins review the powers and duties of attorneys for property and estate trustees with respect to dependant support obligations. Stuart and Doug discuss the different requirements of various Ontario legislation, including the Substitute Decisions Act, the Family Law Act and the Succession Law Reform Act, and the implications for decision-makers.
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#692 - Black-Donaldson v. Estate of Helen Small
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 .
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#691 - Pets and Estate Administration
Hull 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 .
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690 – Costs Considerations for Estate Trustees
Hull 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.
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689 - Roe v. Roe Retrospective - A Will Challenge
Hull 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
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#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)
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687 - Retract a Renunciation
Hull 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:
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686 - The Absentees Act and the case of Grover v. Vaid
Hull 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:
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685 - Sham Trusts: Exploring a Purported Settlor’s Intentions
Hull 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)
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684 - A Case of Moral Obligation
Hull 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_outlineThis 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 Black-Donaldson et al. v. The Estate of Helen Small, 2024 MBKB 56.