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.

During Hull on Estates Episode #51, Ian Hull and Suzana Popovic-Montag discuss the circumstances surrounding a trustee's power to encroach on capital.

Ian and Suzana cover various principles which affect the power to encroach including the Armchair rule of construction, the Evenhand approach and the concept of malefides.

They also touch on various cases including the U.K. case of Gisbourne v. Gisbourne, and Fox v. Fox Estate (1994), 5 E.T.R. (2d) 174 (Ont.Ct. (Gem Div.))

For more information on the power to encroach, see Ian's article in Estates, Trusts & Pensions Journal, "Discretion to Encroach: Do the Beneficiary's Personal Resources Matter?"

During Hull on Estates Episode #50, Sean Graham and Paul Trudelle discuss the rectification of an erroneous Will.

Sean and Paul also cover the importance of detailed documentation such as Solicitor's notes and prior Wills, as well as Intestacy and Knowledge and Approval of the Will. 

In episode #49, David and Jason discuss issues concerning the estate trustee during litigation (ETDL).  They consider the circumstances that call for an ETDL, the technical procedure for appointing the ETDL and the powers and duties of the ETDL. 

For more information on this topic, see the case of Salisbury v. Dell (1993 Ont. Gen Div) and Jordan Atin's artice, The Estate Trustee During Litigation, in Estate Litigation, volume 2. 2^nd ed. (Toronto: Thomson Carswell, 2000) at p.24-1.