Category: Hull on Estate and Succession Planning
Hull on Estates #607 – Capacity to Instruct Counsel and the Appointment of a Litigation Guardian
This week on Hull on Estates, Paul Trudelle and Arielle Di Iulio discuss the test for capacity to instruct counsel and the appointment of litigation guardians in the recent decision of Susan Eng v. Elizabeth Eng, 2021 ONSC 464.
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Hull on Estates #606 – The Unorthodox Expansion of Pecore
This week on Hull on Estates, Stuart Clark and Jennifer Philpott discuss the unorthodox use of Pecore v. Pecore, 2007 SCC 17, in the recent decisions PGT v. Cherneyko, 2021 ONSC 107, and Calmusky v. Calmusky, 2020 ONSC 1506.
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Hull on Estates #605 – Obligations of Attorneys
This week on Hull on Estates, Natalia Angelini and Sanaya Mistry discuss the fiduciary duty and obligations of attorneys for property and the recent decision in Public Guardian and Trustee v. Cherneyko et al., 2021 ONSC 107.
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Hull on Estates #604 – Use of Reproductive Material After Death: Written Consent Required
This week on Hull on Estates, Jonathon Kappy and Sydney Osmar discuss a recent decision arising out of the British Columbia Court of Appeal which provides a definitive answer on when reproductive material may be used posthumously for the purposes of creating an embryo.
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Hull on Estates #603 – Updates to the Rules of Civil Procedure
This week on Hull on Estates, Paul Trudelle and Nick Esterbauer review upcoming changes to the Rules of Civil Procedure as set out in O. Reg. 689/20, effective January 1, 2021.
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Hull on Estates #602 – Can You Appoint a Litigation Guardian for Unborn and Unascertained Beneficiaries?
This week on Hull on Estate, Stuart Clark and Garrett Horrocks discuss the distinction between appointing a “litigation guardian” or seeking a “representation order” when dealing with the interests of unborn and unascertained beneficiaries in estate and trust litigation.
Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.
Hull on Estates #601 – Proving Secret Trusts
This week on Hull on Estates, Natalia Angelini and Kira Domratchev discuss secret trusts and the recent decision of the British Columbia Court of Appeal in Bergler v Odenthal, 2020 BCCA 175.
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Hull on Estates #599 – Rectification in the Corporate Context
This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the recent decision of Robert Mandel et al. v. 1909975 Ontario Inc. et al., 2020 ONSC 5343, and review the issue of rectification in the corporate context.
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Hull on Estates #598 – How has COVID-19 Impacted the Execution of Wills?
On today’s podcast, Rebecca Rauws and Garrett Horrocks discuss the execution of Wills in the midst of COVID-19, and how the emergency measures introduced this year may impact how Wills are executed in the future. The Globe and Mail article mentioned by Garrett and Rebecca during the podcast can be found here.
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Hull on Estates #597 – Pour Over Clauses
This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss Quinn Estate v. Rydland, 2019 BCCA 91, and the concept of “pour over clauses” more generally and whether you can leave a bequest in a Will to an already existing inter vivos trust.
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