Tag: Jonathan Morse

14 Jul

Mutual Wills – Hull on Estates #171

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Listen to Mutual Wills

This week on Hull on Estate and Succession Planning Jonathan Morse and Chris Graham discuss aspects of mutual wills and the doctrine of mutual wills. They look into some interesting cases related to this topic as well advantages and disadvantages of mutual wills.

If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

26 May

Terminating or Varying a Trust – Hull on Estates Episode #164

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Listen to Terminating or Varying a Trust

This week on Hull on Estates, Jonathan Morse and Natalia Angelini discuss trusts; specifically they discuss terminating or varying a trust.

They look at an article by Debra Stevens and give their thoughts.

If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

 

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05 May

Q + A with Rodney Hull – Hull on Estates Episode 161

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Listen to Q + A with Rodney Hull

This week on Hull on Estates Jonathan Morse interviews Rodney Hull about his career as a lawyer. He discusses how he got started in estate litigation, how Hull and Hull was founded, how the practice of estate litigation has changed and the effect of electronic means of communicating on the practice of law.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog

 

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21 Apr

Developments in Mortgage Fraud

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Often in the context of estate matters issues arise around real estate because it is often one of the largest assets comprising an estate.   A recent decision in British Columbia is a case in point.

Last week the BC Court of Appeal overturned a lower Court decision that found a defrauded financial institution was to be reimbursed by the unsuspecting widow whose home had been fraudulently mortgaged. 
A direct link to the BC Court of Appeal decision is helpful. The citation is Re Oehlerking Estate, 2009 BCCA 138.

This case is especially relevant to estate law in that the widow attempted to transfer the property, held in the name of her deceased husband, to her own name in 2006 and only then realized a fraud had occurred whereby a mortgage had been taken out on the property after it was transferred to someone else. The lower Court decided the property should be returned to the widow but she was liable for the mortgage. The Court of Appeal did not agree.

There are significant issues at stake, not least of which is the increased risk to financial institutions which may lead to an appeal to the Supreme Court.  Similar cases have occurred in Ontario.

A web search on real estate fraud led me to a Criminal Intelligence Service Canada assessment of mortgage fraud, prepared in 2007.  Further, the Ontario government provides tips on its website to protect against real estate fraud.

Estate Trustees ought to be vigilant regarding mortgage and real estate fraud especially because identity theft often occurs after a recent death. 

Thank you for reading. 

Jonathan

02 Dec

Rose v. Rose – Hull on Estates #139

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Listen to Rose v. Rose

This week on Hull on Estates, Rodney Hull and Jonathan Morse discuss the case of Rose v. Rose [which can be found at 24ETR(3D)217 or 81OR(3D)349]. The case is valuable and instructive as it  raises questions about rectification, rescission and removal of the trustees.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

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30 Sep

A Review of Dependant Support Claims – Hull on Estates #130

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Listen to A Review of Dependant Support Claims

This week on Hull on Estates, David Smith and Jonathan Morse review some of the recent podcasts and hone in on some of the evidentiary requirements of a common-law spousal relationship as it relates to dependant support claims under the Succession Law Reform Act. They look at some recent case law and some of the requirements under the Ontario statute.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.
 

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