Category: Hull on Estates

16 May

Hull On Estates Podcast #8 – Suspicious Circumstances

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During this podcast on suspicious circumstances, we discussed the following:

(i) the general concept of “suspicious circumstances” and what amounts to such circumstances;

(ii) the onus of proof on a propounder of a will and an alleger of undue influence;

(iii) the meaning of the phrases “the true will of the deceased”, and the “righteousness of the transaction”;

(iv) the rule in Barry v. Butlin; and

(v) the Supreme Court of Canada’s decision in Vout v. Hay. ——–

 

09 May

Hull On Estates Podcast #7 – Testamentary Capacity continued

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During this podcast on testamentary capacity, we discussed the following:

(i) the requirement of a “disposing memory”;

(ii) age-related “incapacities”;

(iii) the Re Bohrmann and Fulton v. Andrew decisions; and

(iv) the practicalities of determining testamentary capacity. ——–

 

02 May

Hull On Estates Podcast #6 – Testamentary Capacity

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During this podcast, we discussed the following:

(i) age restrictions to keep in mind when drafting a will;

(ii) requisite mental capacity; and

(iii) the issue of insane delusions. ——–

 

25 Apr

Hull on Estates Podcast # 5 – More on Drafting Wills

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During our podcast, we discussed the following legal issues:

(i) constructive trusts;

(ii) specific devices and bequests;

(iii) life insurance;

(iv) the description of beneficiaries;

(v) trusts/life interests;

(vi) the selection and powers of trustees, including the power to encroach; and

(vii) ademption. ——–

 

18 Apr

Hull On Estates Podcast #4 – Legal Issues when Drafting a Will

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During our podcast, we discussed the following legal issues:

(i) the International Will;

(ii) revocation by marriage;

(iii) lapse;

(iv) abatement; and

(v) the rule in Saunders v. Vautier. ——–

 

10 Apr

Hull On Estates Podcast #3 – Issues when Drafting a Will

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During our podcast, we discussed the following legal issues:

(i) concepts of undue influence

(ii) suspicious circumstances

(iii) due execution; and

(iv) introduced the concept of international wills ——–

 

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