During Hull on Estates Episode 39, Jason Allan and David Smith discussed the considerations that apply when beneficiaries seek to remove the trustee(s) of an estate. They discuss a factual situation involving a trustee who engages in questionable conduct and the various recourses available in an application for the trustee's removal.

During Hull on Estates Podcast #38, we discussed provisions that may be included in Orders Giving Directions.

During Hull on Estates Episode 37 we discussed:

- limitation periods and equalization payments in the context of estate litigation;

- the case of Webster v. Webster Estate, including:

- the facts of the case;

- the marriage contract;

- the Application to extend the time for the limitation period;

- Section 2(8) of the Family Law Act; and

- the Courts decision in this matter.

 

  

During Hull on Estates Episode 36, we discussed:

- mandatory mediation;

- the types of matters that have mandatory mediation;

- how mediation works in general;

- what the general timelines are for proceeding to mediation; and

- considerations for selecting a mediator.

During Hull on Estates Episode 35 we discussed the following:

- competing beneficiaries who join forces to challenge a Will when they do not have identical interests;

- people that need to be served in a Will Challenge;

- how to decide if you need your own lawyer or if you should join forces with the same solicitor;

- how to deal with the costs of the Will Challenge when dealing with several lawyers.

During Hull on Estates Episode 34, we discussed Security for Costs Motions in the context of Estate Litigation inlcuding the cases of Re Bisyk (1979), 23 O.R. (2d), 600, Moses Estate, Re (2001), 38 E.T.R. (2d) 231 (Manitoba Master) and Boutzios Estate, Re (2004), 5 E.T.R. (3d) 51 (Ont. S.C.J.) and the changing landscape of the law in respect of Security for Costs Motions.

During Hull on Estates Episode 33, we highlighted Hull & Hull LLP's new website including outlining the resources on the website such as Blogs, Podcasts, Video Streaming, The Probator, News and Events, Links and Hull Estate Mediation.

During Hull on Estates Episode 32, we discussed the book by Jordan Atin, Barry Fish and Les Kotzer titled "The Family War Winning the Inheritance Battle" including how to avoid these fights, how to deal with them when you are in them and how to get out of them as quickly and in the best way possible.

During Hull on Estates Episode 31, we discussed contingency fees in the context of estate ligitation including the fact that Ontario is now allowed to have contingency fee agreements, what a contingecy fee is, the risk involved in taking a contingecy fee, how disbursements are handled in a contingency fee agreement, fees and the percentage that is taken and what provisions should be included in a contengency fee ageement to make it binding.

 

During Hull on Estates Episode 30, we discussed security for costs motions including the concepts involved in security for costs motions and when the Courts will award security for costs motions.  We also discussed Rule 57 of the Rules of Civil Procedure in respect to costs and Rule 56 of the Rules of Civil Procedure in respect of security for costs motions.