Category: Hull on Estate and Succession Planning

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.

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Click here for more information on Jonathon Kappy.

Click here for more information on Kira Domratchev.

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.

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Click here for more information on Paul Trudelle.

Click here for more information on Doreen So.

 

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.

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Click here for more information on Natalia Angelini.

Click here for more information on Nick Esterbauer.

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.

03 Apr

Hull on Estates #543 – The Uncertainty of Death and RRSP Taxes

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In today’s podcast, Noah Weisberg and Sayuri Kagami discuss the Alberta decision of Re Morrison Estate, 2015 ABQB 769, and the issue of who is responsible for the often hefty taxes payable on registered accounts of a deceased person: the beneficiary of the account or the deceased’s Estate.

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.

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20 Mar

Hull on Estates #542- Harvey v Talon International Inc.: The Importance of Pleading Earnest

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In today’s podcast, Jonathon Kappy and Garrett Horrocks discuss the Ontario Court of Appeal’s decision in Harvey v Talon International Inc., a case that clarified the importance of proper pleadings in real property claims.

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 Garrett Horrocks.

06 Mar

Hull on Estates #541 – Cross claims and time-barred

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Today on Hull on Estates, Paul Trudelle and Kira Domratchev discuss the decision of the Ontario Court of Appeal in Levesque v Crampton Estate, 2017 ONCA 455, which dealt with the question of whether a crossclaim against the Estate of Father Dale Crampton was time-barred by s. 38 (3) of the Trustee Act.

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 Kira Domratchev.

20 Feb

Hull on Estates #540 – Constructive Trusts

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In today’s podcast, Natalia Angelini and Doreen So discuss the case of MacDonald v. Estate of James Pouliout, 2017 ONSC 3629, which was an interesting decision on constructive trusts, the limitation period applicable to dependants relief, and vesting pursuant to section 9 of Estate Administration Act.

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.

07 Feb

Make it your year for “best picture” critical thinking

Ian Hull Estate & Trust, Estate Planning, Hull on Estate and Succession Planning, Hull on Estates, Trustees, Uncategorized, Wills 0 Comments

Do you ever wonder how your emotions impact your decision-making? Or more specifically, how many sub-optimal decisions you make based on emotion?

We get caught up in the hype, or succumb to an emotional appeal, or bring our business to someone we like rather than someone who can get the job done. It’s easy to have happen, and it happens to many of us quite often.

A high-profile example? The Academy Awards each year. You’d think that 6,000 people would select “best pictures” that are regarded as a high artistic achievement for years to come. But in fact, emotion, hype and other factors often come into play. As a result, many past winners of best picture are quickly forgotten, while many non-winners become timeless classics.

See for yourself – don’t you agree?

So how can you make “best picture” decisions in your life – those decisions where you look back five years later and say “yup, that was a great move.” These can be especially important for estate and financial management matters where the bottom line is usually what matters.

The key is to take emotions (that sales guy is nice) and extraneous factors (I’ve always banked here) out of the equation and use your critical thinking to decide. Here are three areas you might want to review:

  • Investment fees: High fees can be justified by high performance, but are you getting value for the thousands of dollars you spend in management fees each year? The tough part is that there’s often a personal advisor relationship at stake. But it’s your money: take a good hard look and decide.
  • Banking: We’re sometimes proud of the long-term banking relationships we have, but pride is not a great emotion for financial decision-making. Just because your bank was great when it gave you a law school loan when you were 23 doesn’t mean it’s providing great value today. Yes, it’s a hassle to switch, but a review every few years can ensure you’re still getting “best picture” service and value.
  • Service providers: The house cleaning person, the dog walker, the cottage checker, the tutor for your children – there are definitely great ones out there. But are you getting the best? Use your critical thinking – not your emotions – to make any changes you need to.

For a broader view of emotion and financial decision-making, this article describes the issues well, with some tips on making better decisions.

Thank you for reading,
Ian Hull

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