Today, Stuart Clark and Fred Tonelli discuss charities law in the wider context of trusts law, including the “three certainties” of a trust, the four defined “charitable purposes” under statute, and a 2007 Supreme Court of Canada decision about

An Interview with Jenna Carvalho

Feb 8th, 2022 14m 11s

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag are joined by Jenna Carvalho, founder of . The three of them discuss the unique services that Guardian Estate Company provides in pursuit of their mission to simplify estate plann

A Novel (Unsuccessful) Attempt to Declare that Real Property Vested

Jan 25th, 2022 9m 46s

On today's podcast, Paul Trudelle and Endrita Isaj discuss the recent case of , where the court provides commentary on the vesting of property and under what circumstances property vests in beneficiaries under a will.

Presumption of Resulting Trust and the Uncertainty Around Beneficiary Designations

Jan 11th, 2022 10m 17s

This week on Hull on Estates, Natalia Angelini and Mohena Singh discuss the recent Nova Scotia case, , which comments on the presumption of resulting trust and beneficiary designations. The history of this issue is briefly explored and Natalia

Rudin-Brown et al v. Brown - Costs Decision

Dec 28th, 2021 11m 24s

In today’s podcast, Doreen So and Tori Joseph discuss the costs decision in Rudin-Brown et al v. Brown, and whether this decision was fair and proportionate in light of the evidence.

Commissioning an Affidavit for a non-English Speaker

Dec 14th, 2021 7m 35s

This week, Jonathon Kappy and Fred Tonelli discuss the recent Teefy decision (), which included a comment from Justice Nordheimer about the proper method of commissioning an Affidavit of a deponent who does not understand the language in which

What is the Role of the Office of the Public Guardian and Trustee?

Nov 30th, 2021 10m 57s

This week, Paul Trudelle and Sanaya Mistry discuss the different roles of the Office of the Public Guardian and Trustee and how they can help. For more information, please read Natalia Angelini’s .

Are an Applicant’s Own Medical Records Producible in a Will Challenge?

Nov 16th, 2021 12m 52s

This week, Stuart Clark and Sydney Osmar discuss , a recent decision out of the Superior Court of Justice where the Court refused to order the production of the Applicant’s medical records in the context of a Will Challenge. Listen here to lear

The New Standard for Limitation Periods

Nov 2nd, 2021 8m 19s

This week on Hull on Estates, Natalia Angelini and Diana Betlej discuss , and applying the new standard for limitation periods.

Worsoff and Virtual vs. In-Person Examinations

Oct 19th, 2021 12m 14s

This week on Hull on Estates, Doreen So discuss and Fred Tonelli the recent decision of and its implications regarding the future of in-person litigation, in light of the legal profession’s growing comfortability with remote work, as well as t

Unjust Enrichment and Constructive Trusts in the Commercial Context

Oct 5th, 2021 10m 27s

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the decision of Ryan v Ryan, 2021 NLSC 119, in which the basic principles behind unjust enrichment were applied to impress corporate shares with a constructive trust.

To Be a Trustee or Not to Be?

Sep 21st, 2021 12m 42s

On today’s podcast, Paul Trudelle and Juanita Valencia discuss the issue of when a person receiving funds becomes a trustee, as analyzed in .

What is a Limited Grant and When Should You Consider Using It?

Sep 7th, 2021 13m 27s

On today’s podcast, Stuart Clark and Rebecca Rauws discuss the limited grant under s. 29(3) of the as a tool to consider when probate may be delayed, but there is an urgent need to deal with an estate asset. For more information, please check

Can the Court Cure an Unexecuted Will?

Aug 24th, 2021 11m 33s

In today’s podcast, Natalia Angelini and Arielle Di Iulio discuss the recent decision of Bishop Estate v Sheardown, which involves the Court’s discretion to validate an unexecuted Will under s.58 of British Columbia’s Wills, Estates and Succes

A Discussion on the Admissibility of Recordings

Aug 10th, 2021 19m 31s

In today’s podcast, Doreen So and Sanaya Mistry discuss the recent decision in Rudin-Brown et al. v. Brown and Brown v. Rudin-Brown et al., 2021 ONSC 336, which examines the admissibility of audio recordings and how they may be used as evidence

Notwithstanding any agreement to the contrary: Can you contract out of Dependant Support Obligations?

Jul 27th, 2021 10m 39s

In today’s podcast, and discuss the recent decision Virey v. Virey, 2021 ONSC 2893 which examines the Court’s broad discretion to order an award for support even in cases where the parties may have entered into an agreement to the contrary.

Crossing the Threshold for a Will Challenge

Jul 13th, 2021 9m 30s

This week, Paul Trudelle and Fred Tonelli discuss the decision and corresponding order in Morrish v Katona ONSC 3805, and review the threshold to challenge a will and compensation due to an examined drafting solicitor and his or her lawyer.

Objectors Beware: Costs in Passings of Accounts

Jun 29th, 2021 14m 18s

Stuart Clark and Nick Esterbauer discuss the costs decision in Toller James Montague Cranston (Estate of), , and review factors that may result in an elevated costs award in passings of accounts.

The Role of the Medical Expert in Determining Undue Influence

Jun 15th, 2021 11m 4s

On today’s podcast, Natalia Angelini and Rebecca Rauws discuss a recent article from The Canadian Journal of Psychiatry entitled “Susceptibility to Undue Influence: The Role of the Medical Expert in Estate Litigation”. The paper can be accessed

Validity of a Handwritten Will and Appointment of an Estate Trustee in Conflict

Jun 1st, 2021 18m 5s

This week on Hull on Estates, Doreen So and Arielle Di Iulio discuss the recent decision of Langrandeur Estate (Re), , where the court addresses the validity of a will containing both typewritten and handwritten instructions, and the appointmen

The Extent of an Estate Trustee’s Duty to Account

May 18th, 2021 9m 27s

This week on Hull on Estates Jonathon Kappy and Sanaya Mistry discuss the recent decision of , which considers an Estate Trustee’s obligation to account for the assets of the Estate and those which may not form part of the Estate.

Independent Adult Children

May 4th, 2021 11m 11s

This week on Hull on Estates Paul Trudelle and Sydney Osmar discuss moral claims for relief under BC’s Wills, Estates and Succession Act.

Production Orders and Drafting Solicitor’s Files

Apr 20th, 2021 15m 28s

This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss the recent decision of , pertaining to production of preceding Wills and a drafting solicitor's records.

Inherent Jurisdiction and Standing in Trust Litigation

Apr 6th, 2021 11m 40s

This week on Hull on Estates, Natalia Angelini and Garrett Horrocks discuss the recent Ontario Court of Appeal decision in Carroll v Toronto Dominion Bank, 2021 ONCA 38, pertaining to the issue of standing in trust litigation.

Will Validation Law Proposed for Ontario

Mar 23rd, 2021 12m 33s

This week on Hull on Estates, Doreen So and Nick Esterbauer discuss ’s proposed addition of Section 21.1 to the Succession Law Reform Act and contemplate the differences between strict compliance, substantial compliance, and will validation pro