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Featured in this episode of the Hull & Hull Debrief:
- David M Smith examines conflicts of interest when CPAs act as executors or trustees, outlining how professional obligations and fiduciary duties intersect and why unmanaged conflicts can exacerbate estate litigation. READ NOW
- Jordan Sarah Head analyzes courts’ interpretation of non‑technical language in holograph wills, focusing on McCubbin v McCubbin, and how broader principles from case law, including Laframboise v Laframboise have shaped the meaning of “ownership.” READ NOW
- Jordyn Sanford considers co‑estate trustee liability through Nigro v Luciano, drawing parallels between joint and several liability under the Dog Owners’ Liability Act and trusteeship, citing guidance from Cahill v Cahill on the limits of passive reliance. READ NOW
- Next, Jordyn Sanford explores when a will challenge should be converted to an action, using the motion decision in Salewski v. Aviva Insurance Co. of Canada to demonstrate the need for early conversion where credibility issues or trial‑type disputes arise. READ NOW
- Ian Hull examines when a will must be proven in solemn form with live evidence, focusing on how courts approach attesting‑witness testimony in execution disputes and broader will challenges, including Re Laxer, Yen Estate v Chan, and Reville v Weeks. 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