Category: Podcasts

27 Nov

Hull on Estates #560 – Wall v. Shaw – Limitation Periods and Passing of Accounts

76admin Estate & Trust, Estate Planning, Hull on Estates, Litigation, Podcasts Tags: , , , , , 0 Comments

Today on Hull on Estates, Stuart Clark and Doreen So discuss the recent decision of Wall v. Shaw, 2018 ONCA 929, and its potential impact upon the availability of limitations defences in an Application to Pass Accounts.

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

Click here for more information on Stuart Clark.

Click here for more information on Doreen So.

13 Nov

Hull on Estates #559 – The Importance of Comprehensive Management Plans

76admin Estate & Trust, Estate Planning, Hull on Estates, Litigation, Podcasts, Uncategorized Tags: , , , , , , 0 Comments

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss the recent decision of the Ontario Superior Court of Justice in Connolly v Connolly and PGT, and the importance of filing comprehensive management plans in support of applications for appointment of guardians of property.

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

Click here for more information on Natalia Angelini.

Click here for more information on Nick Esterbauer.

02 Nov

Go Fund Me Funerals

Paul Emile Trudelle Estate & Trust, Estate Planning, General Interest, Hull on Estates Tags: , , 0 Comments

Funerals can be expensive. Coming up with the money required for a proper disposition of remains can be difficult for many.

One option that is available to assist in paying funeral expenses is crowdfunding.

A recent search of “funeral” on  gofundme.com revealed 1,759,748 results. According to the gofundme.com website, over 125,000 memorial campaigns were commenced per year, and over $400m was raised per year. Click here for a link to the gofundme.com funeral fundraising information page.

Graveyard

An article on funeraldirect.co on crowdfunding for funerals gives tips on how to mount a successful crowdfunding for funeral expenses campaign. Tips include:

  • Use bright images or videos;
  • Use descriptive and catchy titles;
  • Spread the word using other social media, such as Facebook and Twitter;
  • Share the link directly to friends and family;
  • Keep supporters updated on the progress of the campaign;
  • Make it clear how the donations are to be used; and
  • Thank contributors for their support.

With respect to how the funds can be used, see an excellent blog from Suzana Popovic-Montag, Does Crowdfunding Establish a Trust?

Have a great weekend.

Paul Trudelle

30 Oct

Hull on Estates #558 – Fica v Dmytryshyn: Costs Consequences of Failing to Comply with Rules of Civil Procedure

76admin Estate & Trust, Estate Planning, Hull on Estates, Litigation, Podcasts Tags: , , , , , 0 Comments

On today’s podcast, Jonathon Kappy and Rebecca Rauws discuss the Ontario Superior Court decision in Fica v Dmytryshyn, 2018 ONSC 2034, which addresses a fiduciary’s duty to comply with the Rules of Civil Procedure in accounting matters.

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

Click here for more information on Jonathon Kappy.

Click here for more information on Rebecca Rauws.

16 Oct

Hull on Estates #557 – Milne Estate and the Validity of Multiple Wills

76admin Estate & Trust, Estate Planning, Hull on Estates, Podcasts, Wills Tags: , , , , , , , , , 0 Comments

In today’s podcast, Paul Trudelle and Sayuri Kagami discuss the recent decision of Re Milne Estate, 2018 ONSC 4174, where Justice Dunphy of the Ontario Superior Court found a Will to be invalid where it provided the Estate Trustee with the discretion to determine whether assets might fall under the Will or not. At the time of recording, it was unknown whether the decision would be appealed. It is now confirmed that the decision is under appeal.

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

Click here for more information on Paul Trudelle.

Click here for more information on Sayuri Kagami.

02 Oct

Hull on Estates #556 – Steele v Smith: Missing Beneficiaries and Remedies for the Estate Trustee

76admin Estate & Trust, Estate Planning, Hull on Estates, Litigation, Podcasts Tags: , , , , , , 0 Comments

This week on Hull on Estates, Noah Weisberg and Garrett Horrocks review the decision in Steele v Smith, 2018 ONSC 4601, and discuss Benjamin Orders as a remedy for the estate trustee in the event that a beneficiary cannot be located.

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

Click here for more information on Noah Weisberg.

Click here for more information on Garrett Horrocks.

04 Sep

Hull on Estates #554 – Golden Rule for Assessing Testamentary Capacity

76admin Hull on Estate and Succession Planning, Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes Tags: , , , , , , 0 Comments

This week on Hull on Estates, Noah Weisberg and Doreen So discuss the UK and Hong Kong Golden Rule for assessing testamentary capacity.

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

Click here for more information on Noah Weisberg.

Click here for more information on Doreen So.

30 Aug

R.E.S.P.E.C.T. – Why Appoint an Estate Trustee?

Garrett Horrocks Elder Law, Estate & Trust, Estate Planning, Executors and Trustees, General Interest, Hull on Estates, Trustees Tags: , , 0 Comments

The death of the Queen of Soul, Aretha Franklin, on August 16 sent reverberations through Motown and the music industry as a whole.  However, equally as shocking to estates law practitioners is the fact that Franklin died intestate, that is, without having executed a valid Last Will and Testament.

Reports have emerged that Franklin died leaving an estate valued at approximately US$80 million.  Notwithstanding the insistence of her longtime lawyer to take proper estate planning steps, Franklin’s estate will now likely be distributed in accordance with Michigan intestacy laws rather than in accordance with her wishes.  As Franklin died leaving four children and no surviving spouse, a cursory review of applicable authorities in Michigan suggests her estate will be distributed equally amongst her children, as would be the case under Ontario intestate succession laws.

With that said, the fact that Franklin died intestate means that the courts will now be tasked with the appointment of a personal representative to consolidate and distribute the assets of her estate and attend to the payment of any liabilities.  In Ontario, where an individual dies intestate, the court is empowered to appoint an Estate Trustee without a Will pursuant to section 29(1) of the Estates Act.  While the appointee is entitled to seek professional assistance from lawyers, accountants, and certain other professionals to provide assistance, the administration of an estate, particularly one as large as Franklin’s, can be burdensome especially if the trustee is unsophisticated.

The size of Franklin’s estate will also likely lead to all manner of creditors coming out of the woodwork to stake their claim and create further headaches for the eventual executor.  As was the case with other celebrities who died intestate, the chaos that will presumably result is likely to be well-publicized in the media, notwithstanding the wishes of Franklin’s close family.  A well-crafted estate plan, including the selection of a willing and competent executor to administer the estate, may very well have allowed the administration of Franklin’s estate to remain largely private.  If recent history is any indication, that is no longer likely to be the case.

Thanks for reading.

Garrett Horrocks

21 Aug

Hull on Estates #553 – Who is the Children’s Lawyer?

76admin Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes Tags: , , , , , , , , , , 0 Comments

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the role of the Children’s Lawyer in Ontario and the recent decision of the Ontario Court of Appeal in Ontario (Children’s Lawyer) v Ontario (Information and Privacy Commissioner).

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

Click here for more information on Jonathon Kappy.

Click here for more information on Nick Esterbauer.

07 Aug

Hull on Estates #552 – Distribution in light of a number of potential Wills

76admin Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes, Wills Tags: , , , , , , 0 Comments

In today’s podcast, Paul Trudelle and Rebecca Rauws discuss the recent decision of Eissmann v Kuntz, 2018 ONSC 3650 and the distribution of an estate in light of a number of potential Wills.

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

Click here for more information on Paul Trudelle.

Click here for more information on Rebecca Rauws.

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