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Featured in this episode of the Hull & Hull Debrief:
- Yalda Mostafaie examines when courts will compel a capacity assessment, showing how Licursi v. Bank of Montreal 2026 ONSC 944 confirms that credible medical evidence and a live issue in the litigation can prompt early judicial intervention. READ NOW
- Sofie Hector analyzes how the Supreme Court’s recognition of the new tort in Ahluwalia v. Ahluwalia 2026 SCC 16 may reshape estate litigation, including potential claims against estates and evolving approaches to undue influence and coercive control. READ NOW
- Suzana Popovic-Montag reviews the practical use of precatory memoranda in estate planning, outlining how non-binding “letters of wishes” can guide trustees while preserving flexibility and confidentiality. READ NOW
- Next, Sofie Hector explores how courts determine ownership and value of pets in estate disputes, explaining through Carvalho v. Verma 2024 ONSC 1183 that legal ownership, not emotional attachment, drives outcomes. READ NOW
- Ian Hull writes on uncertainty surrounding court approval of settlements affecting unborn and unascertained beneficiaries, highlighting jurisprudence in The Bank of Nova Scotia Trust Company v. Rogers 2021 ONSC 1747 and a recent unreported endorsement in Conquer et al. v Hill et al. 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