Category: Podcasts

07 Aug

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

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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.

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Click here for more information on Paul Trudelle.

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24 Jul

Hull on Estates #551 – The admissibility of an expert’s evidence

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In today’s podcast, Natalia Angelini and Kira Domratchev discuss the Ontario Court of Appeal decision of Dujardin v Dujardin, 2018 ONCA 597, and the admissibility of an expert’s evidence with respect to the deceased’s 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 Natalia Angelini.

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10 Jul

Hull on Estates #550 – Damages in Passing of Accounts of Attorneys for Property

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In today’s podcast, Stuart Clark and Sayuri Kagami discuss the issue of whether damages can be claimed on a passing of an attorney for property’s accounts in light of the fact that section 49(3) of the Estates Act, RSO 1990, c E21 only refers to the ability of a Judge to award damages against an executor, administrator, or trustee, not an attorney for property, in such proceedings. To read about this issue, see Stuart Clark’s recent blog on this topic.

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.

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26 Jun

Hull on Estates # 549 – Modernizing the Test for Testamentary Capacity

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In today’s podcast, Noah Weisberg and Garrett Horrocks discuss whether the Banks v Goodfellow test for testamentary capacity is in need of an update given current trends in medical science and in the increased complexity of asset holdings.

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Click here for more information on Noah Weisberg.

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12 Jun

Hull on Estates #548 – Four Corners versus Armchair

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In today’s podcast, Jonathon Kappy and Kira Domratchev discuss the British Columbia Court of Appeal decision of Killam v Killam (2018) BCCA 64, and the “four corners” approach versus the “armchair” approach in interpreting the testator’s intention.

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.

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29 May

Hull on Estates #547 – Test for Mutual Wills

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This week on Hull on Estates, Paul Trudelle and Doreen So discuss the test for mutual wills in the decision of Rammage v. Estate of Roussel.

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.

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15 May

Hull on Estates #546 – Attorneyship planning options

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This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss attorneyship planning options and the importance of full consideration of what may seem like basic options in protecting the interests of clients during periods of mental incapacity.

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.

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02 May

What will you do for long term care?

Suzana Popovic-Montag Elder Law, Elder Law Insurance Issues, Estate & Trust, Estate Planning, Health / Medical, Hull on Estates, Power of Attorney, Trustees, Uncategorized, Wills 0 Comments

One of the challenges with demographic trends is that they tend to fly under the radar until they are suddenly upon us.

Ensuring there is adequate care for our aging population is a prime example. The oldest members of the baby boom generation are now in their early 70s, and for the most part haven’t made their way into retirement homes and long term care. In short, there’s no problem so far.

But fast forward 10 years and we may see the issue. According to the Conference Board of Canada, more than 2.4 million Canadians aged 65 or more will require paid and unpaid care support by 2026. That’s 71% more than required care in 2011. By 2046, that number is expected to rise to 3.3 million people, which is almost 10% of Canada’s current population. You can read more about the demographic trends here.

The prognosis is clear: the demand on the health care sector and assisted care facilities is only going to increase. And there is bound to be a lag in government response because governments will always deal first with any crisis at hand before dealing with future needs. For example, there is typically overcrowding in schools before new schools are built. Long term care will likely be no different.

The question is, what can each of us do on an individual basis to plan for the care we might need?

What’s your plan?

Since none of us can predict the future, the safest course of action is to assume that you will need care at some stage of your later life. According to the Ontario Long Term Care Association, the average age of a long term care resident is 85, with 90% of residents having some form of cognitive impairment and one in three using a wheelchair. There is a very real chance that you will be in that situation some day.

So what can you do now? If you’re a baby boomer, there are a few steps you can take to increase your opportunity for adequate care if you should need it. These include:

  • Having a power of attorney for both finances and personal care
  • Ensuring you have a guaranteed income stream in your later years (such as annuities or pensions). For example, you may want to defer your receipt of Canada Pension Plan payments as late as possible (age 70) to maximize your guaranteed income in later years
  • Considering products such as long term care insurance that can pay a benefit if you need care.

New products might also emerge. This recent article in the Globe and Mail discusses longevity insurance – a deferred annuity that pays out later in life.

In short, the private long term care sector may be filling the gaps in the system to an even greater degree in the future, and having the means to pay for this private care can ensure you have the care you need.

Thank you for reading … Enjoy the rest of your day,
Suzana Popovic-Montag

 

01 May

Hull on Estates #545 – The availability of summary judgments

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In today’s podcast, Ian Hull and Rebecca Rauws discuss the availability of summary judgments, and their use in estate litigation, in the context of the recent Ontario Court of Appeal decision in Aird & Berlis LLP v Oravital Inc., 2018 ONCA 164.

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 Ian M. Hull.

Click here for more information on Rebecca Rauws.

17 Apr

Hull on Estates #544 – Consolidation of Family Law Act and Dependant Support Claims

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Today on Hull and Estates, Stuart Clark and Umair Abdul Qadir discuss the recent decision in Cohen v Cohen, 2018 ONSC 1613, in which the Honourable Justice Maranger discussed the Ontario Superior Court of Justice’s jurisdiction to consolidate applications for equalization commenced pursuant to the Family Law Act with applications for dependant’s relief under Part V of the Succession Law Reform Act. You can read more about the Cohen decision on our blog.

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 Umair Abdul Qadir.

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