Category: Podcasts

27 Jul

Hull on Estates #618 – Notwithstanding any agreement to the contrary: Can you contract out of Dependant Support Obligations?

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In today’s podcast, Jonathon Kappy and Sydney Osmar discuss the recent decision Virey v. Virey, 2021 ONSC 2893 which examines the Court’s broad discretion to order an award for support even in cases where the parties may have entered into an agreement to the contrary.

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13 Jul

Hull on Estates #617 – Crossing the Threshold for a Will Challenge

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This week on Hull on Estates, Paul Trudelle and Fred Tonelli discuss the decision and corresponding order in Morrish v Katona ONSC 3805, and review the threshold to challenge a will and compensation due to an examined drafting solicitor and his or her lawyer.

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29 Jun

Hull on Estates #616 – Objectors Beware: Costs in Passings of Accounts

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This week on Hull on Estates, Stuart Clark and Nick Esterbauer discuss the costs decision in Toller James Montague Cranston (Estate of), 2021 ONSC 3704, and review factors that may result in an elevated costs award in passings of accounts.

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15 Jun

Hull on Estates #615 – The Role of the Medical Expert in Determining Undue Influence

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On today’s podcast, Natalia Angelini and Rebecca Rauws discuss a recent article from The Canadian Journal of Psychiatry entitled “Susceptibility to Undue Influence: The Role of the Medical Expert in Estate Litigation”. The paper can be accessed online here.

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01 Jun

Hull on Estates #614 – Validity of a Handwritten Will and Appointment of an Estate Trustee in Conflict

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This week on Hull on Estates, Doreen So and Arielle Di Iulio discuss the recent decision of Langrandeur Estate (Re), 2021 ONSC 3447, where the court addresses the validity of a will containing both typewritten and handwritten instructions, and the appointment of an estate trustee in conflict with the estate’s potential beneficiaries.

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18 May

Hull on Estates #613 – The Extent of an Estate Trustee’s Duty to Account

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This week on Hull on Estates Jonathon Kappy and Sanaya Mistry discuss the recent decision of Munro v. Thomas, 2021 ONSC 3320, which considers an Estate Trustee’s obligation to account for the assets of the Estate and those which may not form part of the Estate.

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06 May

Dementia in Film: Anthony Hopkins in ‘The Father’

Hull & Hull LLP Ethical Issues, Health / Medical, Hull on Estates, In the News, New Media Observations 0 Comments

Over the past two decades, and especially in recent years, filmmakers have used their medium of choice to produce compelling and exceptionally realistic depictions of the effects of dementia on an individual and their loved ones.  From Dame Judi Dench in Iris to Julianne Moore in Still Alice, depictions of the struggle, exhaustion, and emotional toll incurred in the months and years following diagnosis have been lauded, if not for the performances, then for the devastating impact they elicit.

Often, however, these struggles are viewed as a conflict to be managed as part of the broader film, with the focus typically being on the most prominent symptom of dementia, memory loss.  The latest entry in the list of films depicting dementia, 2020’s The Father, differs in that it portrays the condition not only in the context of the significant emotional responses that it elicits, inclusive of memory loss, but also as a shared experience across all members of the individual’s inner social circle, including the individual themselves.

A recent op-ed in the Toronto Star by author and gerontologist Dan Levitt posits that the film offers a distinctly more personal narrative, and one that is perhaps uncomfortably relatable to those who have experienced it firsthand.  Levitt contends that the film does not shy away from depictions of raw emotion that span the spectrum, from denial to anger, distress to depression.

To those who have experienced that range of emotions firsthand, or have been called on to counsel or advise those who have, those experiences are often held out as the most challenging and difficult experiences to manage.  The film confronts these experiences and, as Levitt notes, does so with a view to bringing broader attention and compassion to the shared experiences between patient, loved ones, and caregivers, and to create a more positive public discourse.

Thanks for reading, and congratulations Sir Anthony Hopkins on a well-deserved award.

Garrett Horrocks

04 May

Hull on Estates #612 – Independent Adult Children and Varying Wills

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This week on Hull on Estates Paul Trudelle and Sydney Osmar discuss moral claims for relief under BC’s Wills, Estates and Succession Act.

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20 Apr

Hull on Estates #611 – Production Orders and Drafting Solicitor’s Files

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This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss the recent decision of Grove v Simon Dirk Kenworthy-Groen as executor of the estate of William Grove [2021] WASC 70, pertaining to production of preceding Wills and a drafting solicitor’s records.

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

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06 Apr

Hull on Estates #610 – Inherent Jurisdiction and Standing in Trust Litigation

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 This week on Hull on Estates, Natalia Angelini and Garrett Horrocks discuss the recent Ontario Court of Appeal decision in Carroll v Toronto Dominion Bank, 2021 ONCA 38, pertaining to the issue of standing in trust litigation.

 

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