Hull On Estates

This week on Hull on Estates, Paul Trudelle and Natalia Angelini discuss testamentary capacity issues as they arise in estate matters. Wills require the highest level of capacity and testators need to demonstrate that they are of a sound and disposing mind. 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.

This week on Hull on Estates, Christopher Graham and Paul Trudelle discuss the recent decision in the case of Piszczek v. Zurawska that demonstrates the application of a resulting trust of joint accounts. 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.

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.

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss fiduciary accounting. Who is a fiduciary and what is a fiduciary's duty to account? They cite several cases that illustrate fiduciary accounting rules: Re Taerk, [1975] O.R. 482 (C.A.).Re Silver Estate, (1999) 31 E.T.R. (2nd) 256.Roger Estate v. Leung, [2001] O.J. No. 2171.Fair v. Campbell Estate, 2002 3 E.T.R. 3rd 67, Langdon J.Fareed v. Wood, 2005 WL 1460361 (Ont. S.C.J.).McAllister Estate v. Hudgin, 2008 CanLII 42213 (ON S.C.) 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.

Natalia Angelini and Chris Graham discuss attorneyship issues - specifically solicitor's liability with respect to powers of attorney and an attorney's duty to account.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.

Craig Vander Zee and Bianca La Neve discuss variation of trusts, with an emphasis on the Variation of Trusts Act and approval of variations of trusts on behalf of minor, unascertained, unborn or contingent beneficiaries.  The well-known case of R. v. Irving (1975), 11. O.R. (2d) 42 (H.C.) is discussed.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.

This week on Hull on Estates, Diane Vieira and Rick Bickhram discuss the issue of when an estate trustee is responsible to search for potential heirs to an estate. 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.

This week on Hull on Estates, Ian and Suzana bring us up to date on what has been happening at Hull and Hull over the summer. Jordan Atin appeared on Canada AM to talk about how to avoid . They have also added two books to their recommended reading list: by John Jantsch by Bob Burg Ian and Suzana then discuss issues to consider in estate planning for the newly separated spouse. They talk about the two different types of claims that can be made: Equalization and Claim for support. 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.

This week on Hull on Estates, Craig Vander Zee and David Smith discuss conflicts of interest during Passing of Accounts trials and rules of professional conduct. Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the .

This week on Hull on Estates, Megan Connolly and Sean Graham review the Golubchuk case out of Manitoba and discuss the Health Care Consent Act of Ontario. Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the .

This week on Hull on Estates, Paul Trudelle and Christopher Graham talk about settlement issues - considerations that you have to take into account and the potential implications of not settling. Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the .

This week on Hull on Estates, Christopher Graham and David Smith talk about The Absentee Act and some of the different scenarios that it applies to.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the .

This week on Hull on Estates, Ian and Suzana discuss developments in will changes. They reference cases from Key Developments in Estates and Trusts Law in Ontario ed. 2008. Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the .

This week on Hull on Estates, Natalia Angelini and Rick Bickhram discuss tools and strategies to prevent estate litigation. 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.

This week on Hull on Estates, Natalia Angelini and Craig Vander-Zee discuss dependent relief and reference a variety of cases that utilized the Succession Law Reform ActComments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the

This week on Hull on Estates, Paul Trudelle and Diane Vieira discuss compensation for work done by estate trustees and estate solicitors.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag, discuss becoming an executor after death and three issues that must be addressed immediately. Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the

This week on Hull and Estates, Rick Bickhram and David Smith discuss how changes in the definition of marriage have impacted Estate Law and Estate Administration.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the

This week on Hull on Estates, Diane and Paul discuss accounting under the powers or attorney, the duty to account after the guarantor has passed away and the De Zorzi Estate v. Read case (2008, O.J. No. 944).Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the

This week on Hull on Estates, Paul Trudelle and Megan Connolly talk about the issues surrounding lost wills. Comments? Send us an email at hull.lawyers@gmail.com or leave us a message on our comment line at 206-350-6636. You can also leave a comment on our blog at estatelaw.hullandhull.com