Hull On Estates

The Willis Estate Case - Hull on Estates Episode #172This week on Hull on Estates, Bianca La Neve and Rick Bickhram discuss the recent decision of Justice Brown regarding the Willis Estate case and the issues that can arise during contempt proceedings and appropriate sentencing in the field of estate and trust litigation.  Re Willis Estate, 2009 CanLII 30681 (Ont.S.C.J.)If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

  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 .

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This week on Hull on Estates Jonathan Morse and David Smith discuss some big stories that have occurred in the news lately that have potential impact on those who practice estate litigation. They take a look at the death of Michael Jackson and the decision made by the courts in regards to the sentencing of Bernard Madoff.If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .

This week on Hull on Estates Bianca La Neve and Natalia Angelini discuss taking evidence before trial . They talk about the procedure for witnesses who may not be available at trial, which involves preserving their evidence beforehand so it is available prior to the trial.  If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .

This week on Hull on Estates Paul Trudelle and Sharon Davis discuss Knowledge Management; what it is and how it can assist lawyers and clients. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .

This week on Hull on Estates Megan Connolly and Craig Vander Zee discuss the topic of the estate trustee during litigation (ETDL). Their discussion is based off a paper Paul Trudelle prepared and spoke about at the Hull and Hull breakfast series on June 4, 2009. They look at the circumstances when you would need an ETDL, the procedure for appointing the ETDL and the powers and duties of the ETDL. For more information on this topic, see: Jordan Atin's article, The Estate Trustee During Litigation, in 'Estate Litigation' by Brian A. Schnurr. volume 2. 2nd ed. (Toronto: Thomson Carswell, 2000) If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .

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This week on Hull on Estates, Jonathan Morse and Natalia Angelini discuss trusts; specifically the 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 .  

This week on Hull on Estates, Paul Trudelle and Sarah Hyndman Fitzpatrick discuss various clauses in a will that may be useful in certain circumstances, such as carrying on a business, exclusion of illegitimates, or RESP's. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .  

This week on Hull on Estates Rick Bickhram and Chris Graham discuss some important distinctions between bringing motions and commencing proceedings in the estates context as opposed to general civil litigation. They look at this in the context of applications, motions and statements of claim.   If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .

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 . 

This week on Hull on Estates, Ian Hull and Suzana Popvic-Montag discuss the question of retainers. This topic comes from a seminar at the Law Society of Upper Canada where they had several practitioners in different areas come and talk about their retainers. The question of retainers is a broad question that affects all practices in a similar way. Specifically Ian and Suzana discuss the unique characteristics of the estate retainier and some of the things they use at their firm to help deliniate their jobFeel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates .

This week on Hull on Estates, Rick Bickhram and Sarah Fitzpatrick discuss Henson trusts (also called absolute discretionary trusts). They consider the use of such trusts to benefit disabled persons, and how best to protect the assets (typically an inheritance) as well as the right to collect government benefits and assistance." Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates .

This week on Hull on Estates, Diane Vieira and Bianca La Neve discuss the role of the Office of the Public Guardian Trustee (PGT) in passings of accounts. They talk about the role of this government body whose job it is to protect the interests of incapable persons, charities and absentees. They discuss the things to keep in mind when serving the PGT and common issues seen on passings of accounts. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates .

This week on Hull on Estates, Megan Connolly and Paul Trudelle discuss administration bonds; what they are, when they are required, why they are required and dispensing with the administration bond in certain cases. In Particular they refer to the Henderson decision, a recent decision out of the Ontario Superior Court of Justice that deals with the issue of dispensing with an administration bond and what is required. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates .

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This week on Hull on Estates Diane Vieira and Bianca La Neve discuss some issues they've been encountering concerning court proceeding involving the Substitute Decisions Act and the Health Care Consent Act.They talk about the need for a capacity assessment and who you go to for a capacity assessment, the issue of notice periods and the right of an incapable person in proceedings under the Substitute Decisions Act.  Feel free to send us an email at hull.laywers@gmail.com or leave us a comment on the Hull on Estates .

This week on Hull on Estates Ian Hull and Suzana Popovic-Montag discuss the legal and substantive role of the executor at the time of death. They focus on the question of who has right and control over the body and refer to the 2001 decision of Sopinka vs. Sopinka. Feel free to send us an email at hull.laywers@gmail.com or leave us a comment on the Hull on Estates .

This week on Hull on Estates Diane Vieira and Natalia Angelini discuss powers of attorney for personal care. They refer to a paper by Mark Handelman on the subject. They point out that even though powers of attorney often garners less attention and is the subject of less disputes that it should still be carefully thought out. Feel free to send us an email at hull.laywers@gmail.com or leave us a comment on the Hull on Estates .