Tag: Nick Esterbauer

02 Mar

Hull on Estates #508 – Duties Owed By Drafting Solicitors to Disappointed Beneficiaries

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This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss the recent decision of the British Columbia Court of Appeal in Johnston v Johnston Estate, 2017 BCCA 59, and the limitations of the duty owed by a drafting solicitor to disappointed beneficiaries.

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03 Jan

Hull on Estates #500 – Law of Unjust Enrichment

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This week, in the 500th episode of Hull on Estates, Paul Trudelle and Nick Esterbauer discuss the recent Court of Appeal decision of Granger v Granger and the law of unjust enrichment.

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01 Nov

Hull on Estates #491 – Knowledge, Approval, and Evidentiary Burdens

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This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the recent decision of the Manitoba Court of Queen’s Bench in Garwood v. Garwood Estate, 2016 MBQB 113, 19 E.T.R. (4th) 55, which raises issues of knowledge and approval, suspicious circumstances, and shifting evidentiary presumptions within the context of a will challenge.

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30 Aug

Hull on Estates #482 – Indemnification of Estate Trustees

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This week on Hull on Estates, David Smith and Nick Esterbauer discuss the principle of indemnification of estate trustees and the recent case of the Ontario Court of Appeal in Brown v. Rigsby, 2016 ONCA 521. (http://bit.ly/2biTez3)

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26 Jul

Hull on Estates #477 – Evidence in Support of Mutual Will Contracts

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This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the concept of mutual wills and the recent decision of the Ontario Superior Court of Justice in Rammage v. Roussel Estate. (http://bit.ly/29PXrLa)

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07 Jun

Hull on Estates #470 – Rectification Revisited

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This week on Hull on Estates, David Smith and Nick Esterbauer discuss the equitable doctrine of rectification and situations in which Ontario courts may be willing to rectify wills and life insurance beneficiary designations.

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05 Apr

Hull on Estates #461 – Recent Developments in Physician-Assisted Death

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This week on Hull on Estates, Paul Trudelle and Nick Esterbauer discuss recent developments in the prohibition against physician-assisted death, including the exemption granted by the Ontario Superior Court of Justice last month in A.B. v. Canada (Attorney General). (http://bit.ly/1RILY06)

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23 Feb

Hull on Estates #455 – Kuchta v. The Queen and Tax Liabilities of Surviving Spouses

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This week on Hull on Estates, Noah Weisberg and Nick Esterbauer discuss a recent decision of the Tax Court of Canada that addresses the use of property transferred to spouses to satisfy tax liabilities pursuant to the Income Tax Act.  A copy of the Kuchta v. The Queen decision is available here: http://bit.ly/1QcncGi

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29 Dec

Hull on Estates #447 — McKay Estate v. McKay and Fiduciary Relationships

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This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the development of fiduciary relationships and the recent Ontario Superior Court of Justice decision of McKay Estate v. McKay.

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01 Sep

Hull on Estates # 431 – Delirium and Dementia

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This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss a recent paper by Wendy Griesdorf, which highlights the differences between delirium and dementia, and the relevance of this distinction within the context of estate and guardianship proceedings.

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