Hull on Estates
Hull on Estates is a series of podcasts for the Canadian legal community dealing with issues and insights surrounding estate planning in Canada. Hosted by the lawyers of Hull & Hull LLP, the podcasts will touch on some of the key considerations when planning wills and estates
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.
Direct download: Hoe_61_FINAL.mp3
Category:podcasts -- posted at: 4:46 AM

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 The Six Minute Estates Lawyer 2007, on April 10, 2007.

Direct download: hoe_60_FINAL.mp3
Category:podcasts -- posted at: 4:48 AM

During Hull on Estates Episode #59, David Smith and Jason Allan discuss two recent decisions of the Supreme Court of Canada, Pecore v. Pecore, 2007 SCC 17, and Madsen Estate v. Saylor 2007 SCC 18.

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.

Direct download: Hoe_59_FINAL.mp3
Category:podcasts -- posted at: 4:38 AM

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.

Direct download: hoe_58_FINAL.mp3
Category:podcasts -- posted at: 4:11 AM

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:

  1. McCallum v. Ryan Estate, [2002] O.J. No. 1088 (SCJ)
  2. Re Montizamber Estate, [1973] O.J. No. 1035 (SCJ)
  3. Smallman v. Smallman Estate, [1991] O.J. No. 1718 (OJC - Gen. Div.).
Direct download: HOE_57_FINAL.mp3
Category:podcasts -- posted at: 4:30 AM