Tag: Paul Trudelle
Hull on Estates #562 – Revisiting the Pecore Principles: Tiedemann v Tiedemann
In today’s podcast, Paul and Garrett discuss the decision in Tiedemann v Tiedemann and revisit some legal principles from the Pecore decision that are often overlooked in light of the well-known analysis on the presumption of resulting trust.
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Hull on Estates #557 – Milne Estate and the Validity of Multiple Wills
In today’s podcast, Paul Trudelle and Sayuri Kagami discuss the recent decision of Re Milne Estate, 2018 ONSC 4174, where Justice Dunphy of the Ontario Superior Court found a Will to be invalid where it provided the Estate Trustee with the discretion to determine whether assets might fall under the Will or not. At the time of recording, it was unknown whether the decision would be appealed. It is now confirmed that the decision is under appeal.
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Hull on Estates #552 – Distribution in light of a number of potential Wills
In today’s podcast, Paul Trudelle and Rebecca Rauws discuss the recent decision of Eissmann v Kuntz, 2018 ONSC 3650 and the distribution of an estate in light of a number of potential Wills.
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Hull on Estates #547 – Test for Mutual Wills
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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Hull on Estates #541 – Cross claims and time-barred
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.
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Hull on Estates #536 – Lost Wills and Rebutting the Presumption of Revocation
In today’s podcast, Paul Trudelle and Sayuri Kagami discuss the court’s reasons for finding that the presumption of revocation had been rebutted in Levitz v Hillel Lodge Long Term Care Foundation, 2017 ONSC 6253 where an original will was lost.
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Hull on Estates #533 – Trusts and Child Support Payments
Today on Hull on Estates, Paul Trudelle and Noah Weisberg discuss the use of discretionary trusts in the context of the payment of child support as raised in the decision of Borges v. Santos
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Hull on Estates #530 -Minimal Evidentiary Threshold in Will Challenges
In this week’s episode Paul Trudelle and Jonathon Kappy discuss a possible culture shift in the courts of probate, and the minimal evidentiary threshold required to proceed with a will challenge as articulated in Seepa v. Seepa, 2017 ONSC 5368.
You can read more about this decision on our blog here.
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Hull on Estates #527 – Expert Witnesses and the Gatekeeper Role of the Trial Judge
Today on Hull on Estates, Paul Trudelle and Doreen So discuss expert witnesses and the gatekeeper role of the trial judge in the Court of Appeal decision in Bruff-Murphy v. Gunawardena, 2017 ONCA 502.
Hull on Estates #521- Removing Opposing Counsel as Lawyers of Record
Today on Hull on Estates, Ian Hull and Paul Trudelle discuss removing opposing counsel as lawyers of record, and the decisions of Moad v. Shepherd, 2017 ABQB 330 (CanLII) and McKeller Estate v. Powell 1996 CarswellOnt 642.