Tag: Stuart Clark

09 Aug

Hull on Estates #479 – Court Interference with a Trustee’s Discretion

Hull & Hull LLP Hull on Estate and Succession Planning, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes, Trustees, Uncategorized Tags: , , , , , 0 Comments

This week on Hull on Estates, Ian M. Hull and Stuart Clark discuss mala fides and bad faith, and when the court will interfere with a Trustee’s discretion.

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

Click here for more information on Ian M. Hull.

Click here for more information on Stuart Clark.

28 Jun

Hull on Estates #473 – When a witness does not recall witnessing a Will

Hull & Hull LLP Hull on Estate and Succession Planning, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes, Wills Tags: , , , , 0 Comments

This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss Besaw Estate v. Besaw, 2015 CanLII 62411 (http://bit.ly/28Qumyo), and whether the court can admit a Will to probate when one of the attesting witnesses gives evidence that they don’t recall witnessing the Will.

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

Click here for more information on Jonathon Kappy.

Click here for more information on Stuart Clark.

31 May

Hull on Estates #469 – Signing an Insurance Designation for a Physically Incapable Person

Hull & Hull LLP Beneficiary Designations, Hull on Estate and Succession Planning, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes Tags: , , , , 0 Comments

This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss the recent decision of Re: Hanson Estate, 2016 ONSC 2382 (http://bit.ly/1WqJx77), and whether an individual who is mentally competent but physically incapable can direct another individual to sign a life insurance beneficiary designation on their behalf.

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

Click here for more information on Jonathon Kappy.

Click here for more information on Stuart Clark.

03 May

Hull on Estates #465 – Contemporaneous Capacity Assessments

Hull & Hull LLP Capacity, Hull on Estate and Succession Planning, Hull on Estates, PODCASTS / TRANSCRIBED, Show Notes, Show Notes Tags: , , , , 0 Comments

This week on Hull on Estates, Paul Trudelle and Stuart Clark discuss contemporaneous capacity assessments. For a link to the paper by Dr. Kenneth Shulman discussed in the podcast, please click here http://bit.ly/1TgJCnl.

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

Click here for more information on Paul Trudelle.

Click here for more information on Stuart Clark.

22 Mar

Hull on Estates #459 – Neuberger v. York: the inquisitorial role of the court, and the applicability of the estoppel doctrines in a will challenge.

Hull & Hull LLP Hull on Estate and Succession Planning, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes Tags: , , , , 0 Comments

 

This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss the Court of Appeal’s recent decision of Neuberger v. York, 2016 ONCA 191, and the inquisitorial role of the court in the context of a will challenge, and the applicability of the doctrines of estoppel by convention and estoppel by representation in a will challenge.

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

Click here for more information on Jonathon Kappy.

Click here for more information on Stuart Clark.

 

09 Feb

Hull on Estates #453 – Mortgage Insurance and Intestacy

Hull & Hull LLP Hull on Estate and Succession Planning, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes, Uncategorized Tags: , , , , , 0 Comments

This week on Hull on Estates, Paul Trudelle and Stuart Clark discuss the recent decision of Re: Estate of Richard Lewis Crane, 2016 ONSC 291, and the issue of whether mortgage insurance should be taken into account when calculating the “net estate” available for distribution on an intestacy

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

Click here for more information on Paul Trudelle.

Click here for more information on Stuart Clark.

 

21 Jul

Can a Power of Attorney release unpublished literary works?

Stuart Clark Capacity, Ethical Issues, Power of Attorney Tags: , , , , , 0 Comments

This past week Harper Lee published Go Set a Watchman, her first book since To Kill a Mockingbird was first released in 1960. While the book has been released to much fanfare, becoming the most pre-ordered book in the publisher’s history, an equally as interesting story (at least to an estates lawyer) has emerged regarding questions surrounding Ms. Lee’s capacity, and whether it was truly ever Ms. Lee’s intention to have the book released.

As recently outlined in an article in Bloomberg, Go Set a Watchman is a sort of “lost manuscript” of Ms. Lee’s, having itself been written in the mid-1950s before To Kill a Mockingbird was ever written. It was apparently rediscovered by Lee’s lawyer while recently looking through a safety deposit box. Ms. Lee herself is presently 89 years old and resides in a nursing home, having previously suffered a stroke in 2007. Much of her daily life is now apparently managed by her Power of Attorney.

Ms. Lee famously rarely ever spoke publically following the release of To Kill a Mockingbird, having become an almost sort of social recluse, never publishing any further works or giving interviews. To this effect, when news broke that Go Set a Watchman would be published, and that Ms. Lee’s Power of Attorney had supposedly played a prominent role in seeing to its publication, questions immediately emerged regarding whether it was ever truly Ms. Lee’s intention to release Go Set a Watchman.  While those around Ms. Lee are quick to point out that in their opinion Ms. Lee is capable, and has consented to the release of Go Set a Watchman, as outlined in the Bloomberg article the questions still remain.

Without commenting on the specifics of Ms. Lee’s scenario, the supposed fact pattern itself, whereby a famous novelist for decades refuses to give interviews or publish any further works, only to allegedly later have their unpublished works released by their Power of Attorney, offers an interesting hypothetical. In Ontario, presuming that there are no further restrictions in the Power of Attorney document itself, an Attorney for Property may do anything on behalf of the grantor except execute a new Will. To this effect, if such a famous novelist had executed a standard Power of Attorney for Property, and their Attorney for Property later discovered unpublished works, it would be fully within the rights of the Attorney for Property to release such works on behalf of the grantor.

From a practical standpoint, should such a novelist wish to execute a Power of Attorney for Property, and should they not want their unpublished works to be released, it would likely be as simple as including a carve out in the Power of Attorney which would simply provide that the Attorney for Property did not have the authority to consent to the release or in any way deal with the unpublished works. Without such a provision being included however, the Attorney for Property would arguably have the authority to consent to the release of the unpublished works on behalf of the grantor.

Thank you for reading.

Stuart Clark

09 Jul

Hull on Estates #423 – Succession Law Reform Act

Hull & Hull LLP Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes Tags: , , , , ,

Today on Hull on Estates, David M. Smith and Stuart Clark discuss the definition of “spouse” within the meaning of Part V of the Succession Law Reform Act, and the factors that the court will look to in determining whether two parties are common law spouses within the meaning of the Act, with particular attention paid to whether two parties must live under the same roof to be considered common law spouses.

Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog below.

Click here for more information on David M. Smith.

Click here for more information on Stuart Clark.

04 Jun

Hull on Estates #420 – The Inheritance Wars

Hull & Hull LLP Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED Tags: , , , , , 0 Comments

This week on Hull on Estates, David M. Smith and Stuart Clark discuss the recent Macleans cover story “The Inheritance Wars”, and the general trends in estate litigation.

Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog below.

Click here for more information on David M. Smith.

Click here for more information on Stuart Clark.

01 Apr

Hull on Estates #412 – Will drafting at Walmart

Hull & Hull LLP Hull on Estate and Succession Planning, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes Tags: , , , , , , 0 Comments

Listen to Hull on Estates #412 – Will drafting at Walmart

This week on Hull on Estates, Natalia Angelini and Stuart Clark discuss the recent article from Precedent Magazine outlining the growth of legal services (including estate planning) being offered at locations such as Walmart. Natalia and Stuart also continue the conversation which we have recently been having on our blog regarding the potential positives and negatives of these kinds of services.

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog page.

Click here for more information on Natalia Angelini.

Click here for more information on Stuart Clark. 

 

SUBSCRIBE TO OUR BLOG

Enter your email address to subscribe to this blog and receive notifications of new posts by email.
 

CONNECT WITH US

CATEGORIES

ARCHIVES

TWITTER WIDGET