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Featured in this episode of the Hull & Hull Debrief:
- Mark Debono analyzes the risks faced by an attorney for property who fails to properly document their period of attorneyship, drawing clear lessons from Sanchez v Sanchez‑Guevara on adverse inferences and liability for fiduciary breaches. READ NOW
- Suzana Popovic‑Montag explores how the B.C. Court of Appeal in Yurkiw Estate v Yurkiw applied the proprietary rights approach to trust document access, confirming that no single framework governs who may access trust documents. READ NOW
- Next, Mark Debono examines when an attorney for property may be required to seek out the grantor’s will, unpacking how statutory duties under the Substitute Decisions Act can shift once incapacity is at issue. READ NOW
- Osama Saleemi looks at the limits of validating defective testamentary documents, where Smith v Bechtel draws a firm line between draft instructions and documents reflecting fixed, final testamentary intentions. READ NOW
- Ian Hull considers how far a trustee’s duty to account can extend, from trustees de son tort to resulting trusts, with practical consequences highlighted through Cambareri v Sorrenti,Archer v St. John, and DiFalco v DiFalco. 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