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Featured in this episode of the Hull & Hull Debrief:
- Mandana Niknejad considers whether a litigation guardian must always be appointed for a party under disability, discussing Licursi v. Bank of Montreal 2026 ONSC 4953, where Rule 7.01(1) allowed the court to dismiss claims untenable without one. READ NOW
- Mark Debono examines when an estate trustee may properly pay a beneficiary’s legal fees from the estate, looking at section 23.1 of the Trustee Act and the two public policy exceptions set out in McDougald Estate v. Gooderham 2005 CanLII 21091 (ONCA). READ NOW
- In another post, Mark Debono reviews Craib v Craib 2026 ONSC 3074, exploring standing among co-trustees at odds, why Pecore v Pecore 2007 SCC 17 rarely resolves a resulting trust dispute summarily, and courts’ preference for appointing an Estate Trustee During Litigation once trustee relations break down. READ NOW
- Suzana Popovic-Montag explores the risk that fabricated or AI-manipulated electronic evidence could satisfy the minimal evidentiary threshold in a will challenge, setting out the authentication requirements under section 34.1 of the Evidence Act and three strategies for answering electronic evidence that may not be genuine. READ NOW
- In another post, Suzana Popovic-Montag looks at why a testamentary gift to a former spouse is not revoked until a divorce actually takes effect, discussing White v White 2015 ONCA 647 and the decision in Rapuano v Rapuano 2026 ABKB 155 on the abridgement of posthumous waiting periods. 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