Hull & Hull Debrief – December 5, 2025

On to this week’s episode:

On this week’s episode of the Hull & Hull Debrief:

  • Mark Debono reviews Ontario jurisprudence relating to foreign real property in estate litigation, noting that in personam jurisdiction may still be exercised if specific criteria are met. READ NOW
  • Aaron Chan examines the dismissal of applications for delay, highlighting the Court of Appeal’s shift away from the Langenecker test and toward recognizing inordinate delay as being sufficiently prejudicial. READ NOW
  • Next, Aaron Chan discusses limitation periods under the Trustee Act, clarifying that s. 38(3) does not extend the time to bring claims beyond those available during the deceased’s lifetime. READ NOW
  • Suzana Popovic-Montag outlines six will-drafting strategies for ousting Ontario’s anti-lapse rule, emphasizing the importance of clear drafting to reflect client intentions and reduce litigation risk. READ NOW
  • Ian Hull explains how title insurance interacts with estate planning, noting that coverage typically continues for heirs or trustees through a will or bare trust, provided certain policy conditions are met. READ NOW

Hull & Hull Debrief is a weekly roundtable discussing the law and updates published by Hull & Hull LLP. Published each Friday, a link to this discussion will be found in the e-mail provided to our subscribers, for a quick and easy update on issues concerning trusts, estates and capacity issues. If you have any questions or comments regarding the Hull & Hull Debrief please contact Doug Higgins, Hull & Hull LLP: dhiggins@hullandhull.com