Hull On Estates

In this episode of Hull on Estates, Ian and Suzana have a discussion dealing with the use of trusts. They use the example of a case where a family put their cottage into a cottage trust, and when the children grew older, the children wanted cottages of their own.

In Episode 70 of Hull on Estates, Paul and Sean discuss Court approval of settlements affecting the interests of minors. They refer to Rule 7.02 and 7.08 of Ontario's Rules of Civil Procedure as well as the case of Marcoccia (Litigation Guardian of) v. Gill, 2007 Carswell,Ont 15 (Ont.S.C.J.).

In this episode of Hull on Estates, Natalia and David have a discussion about partition in sale proceedings, and use the case of Suttick and Schwenger, which deals with a family cottage.

Craig and Bianca discuss demand promissory notes and the recent decision of Hare v. Hare [2007] 83. O.R. (3d) 766.  The Hare decision specifically deals with the limitation periods applicable to the enforcement of a demand promissory note.  Craig and Bianca also discuss demand promissory notes in the estate context, and the considerations parents should take into account when making demand loans to children.

Justin and Megan discuss estate planning issues surrounding the family cottage. They cover specific practice tips of transferring the family cottage and the consequences of poor planning.

During Hull on Estates Podcast #66, Ian Hull spoke about a conference he attended and spoke at, Podcasters Across Borders, and also discussed joint accounts, focusing on the resources found at concerning joint accounts and their role in estate litigation.

During Hull on Estates Episode #65, Sean Graham and Paul Trudelle discuss some of the practice and legal issues that arise regarding interim support in dependant support claims. Section 64 of the Succession Law Reform Act is referenced, as is the Puliver case and the Manninon case.

During Hull on Estates Episode #64, David Smith and Natalia Angelini discuss holograph wills generally with specific consideration of the

During Hull on Estates Podcast #63, Craig Vander Zee and Bianca La Neve discussed various discretionary measures available to a court when making contempt orders. Rule 60 of the Rules of Civil Procedure was referenced, as well as the decision in Belanger v. McGrade Estate (2003), 65 O.R. (3d) 829 (Ont. S.C.J.).

During Hull on Estates Episode #62, Justin de Vries and Megan Connolly discuss the McDougald Estate c. Gooderham case decision of the Ontario Court of Appeal. They discuss what happens when attorneys for property sell assets that have been specifically gifted in a will. What can a beneficiary do?

During Hull on Estates Episode #61, Ian Hull and Suzana Popovic-Montag discussed the solicitor and client privilege and the difference between this concept and the duty of confidentiality in the context of estate law and estate litigation.

During Hull on Estates Episode #61, Sean Graham and Paul Trudelle discuss mutual wills and mirror wills. They discuss examples where a mutual will and a binding agreement would be used, such as second marriages. They also cover the importance of documentation of intent and discuss potential drawbacks of the mutual will. For more information on this topic, see the article by Debra L. Stephens, "Mutual Wills: A Primer", which was presented at , on April 10, 2007.

During Hull on Estates Episode #59, David Smith and Jason Allan discuss two recent decisions of the Supreme Court of Canada, , and . These two decisions concern joint bank accounts and the decision of right of survivorship, as well as the question of presumptions resulting trust and advancement.

During Hull on Estates Podcast #58, Craig Vander Zee and Bianca La Neve discuss the use and basis for a contempt motion and referred to the Court of Appeal's confirmation in Forrest v. Lacroix Estate (2000), 187 D.L.R. (4th) 280, (Ont. C.A.) and Forrest v. Lacroix (1999), 460 O.R. (3d) 364 that contempt motions cannot be used to enforce the payment of monies.  Craig and Bianca also refer to Rule 60.05 and Rule 60.11 from the Rules of Civil Procedure which govern contempt motions.

During Hull on Estates Episode #57, Justin de Vries and Megan Connolly discuss an ongoing client matter which has come out of the Netherlands.  This matter raises issues of conflict of laws, the Divorce Act, the Succession Law Reform Act, R.S.O. 1990, c. S.26, and dependant support claims. For more information on the conflict of laws, as it relates to this case, please see: McCallum v. Ryan Estate, [2002] O.J. No. 1088 (SCJ)Re Montizamber Estate, [1973] O.J. No. 1035 (SCJ)Smallman v. Smallman Estate, [1991] O.J. No. 1718 (OJC - Gen. Div.).

During Hull on Estates Episode #56, Ian Hull and Suzana Popovic-Montag review the updates on the website and discuss the available resources such as Hull & Hull TV (streaming videos), the Probator articles, and of course links to the . Ian discusses a book he has recently read, by David Allen. Ian heard about this book on the Marketing Monger podcast. Ian and Suzana's Practice Tip for this podcast helps the process of fiduciary accounting go smoothly.

During Hull on Estates Episode #55, Sean Graham and Paul Trudelle discuss joint and several liability of trustees with respect to the administration of an estate. They  focus on avoiding liability when there are two or more estate trustees. Paul and Sean examine this estate topic with respect to the case of Fales v. Canada Permanent Trust Co. and  Cooper (No. 2) Re.  

During Hull on Estates Podcast #55, David Smith, Partner at Hull & Hull LLP, discusses his upcoming Probator article (check the soon) which concerns making a Will in contemplation of marriage. David discusses the circumstances that surround the clauses in and how this issue can cause estate litigation. 

During Hull on Estates Episode #53, Craig Vander Zee and Bianca La Neve conclude their discussion on tips for controlling and managing estate litigation. They focus on the hearing of issues, applications vs. actions, oral discovery and mediation. Visit to find more podcasts on managing estate litigation. 

During Hull on Estates Episode #52, Justin de Vries and Megan Connolly discuss the central question in the case of a father and his children, McMullen v. McMullen: did the defendants improperly use their power of attorney when they transferred legal title to Mr. McMullen's, their father, condominium from his sole ownership to joint ownership?  Justin and Megan summarize the case and cover issues such as capacity, breach of fiduciary duty and elder abuse.