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  • Article

    Hull On Estates Podcast – #697 – Kacin v. Kacin – Lost Wills

    This week on Hull on Estates, Jonathon Kappy and Shawnee Matinnia discuss the recent decision of Kacin v Kacin, pertaining to lost Wills, productions, and Estate Trustees During Litigation.
    CanadaFamily and Matrimonial
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Hull On Estates Podcast – #694 – Ontario Superior Court Of Justice – Modernizing The Justice System

    This week on Hull on Estates, Doreen So and Margarita Grup review the key developments and modernization initiatives that were outlined in the 2019-2023 report from...
    CanadaLaw Department Performance
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Virtual Notarization Not Yet Allowable In Ontario

    Since the COVID-19 pandemic, the legal world has experienced many changes – arguably much-needed changes – which have allowed for more remote access to legal services.
    CanadaCoronavirus (COVID-19)
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Resolving Estate Disputes As Friends, Rather Than Foes: The Use Of Collaborative Law In Estate Litigation

    Litigation has a reputation of being a competitive legal practice. In litigation disputes, there is a clear winner, the party who received their desired outcome, and a clear loser, the party who did not...
    CanadaFamily and Matrimonial
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Is The Court Of Appeal Denying Estate Trustees The Right Of Indemnification?

    In Brown, Dale and Shackleton v. Rigsby and Shackleton, which we have previously blogged about here, attorney and estate accounting litigation was settled save for the issue of costs.
    CanadaLitigation, Mediation & Arbitration
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    James v James: A Reminder That Irrationality ≠ Incapacity

    Disagreements are an inevitable part of relationships. With different upbringings, life experiences, and social circles, seeing eye-to-eye with another person on every decision is rare, if not impossible.
    CanadaFamily and Matrimonial
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Serious Adverse Effects

    "Serious Adverse Effects" has a specific meaning under the Substitute Decisions Act ("the Act"). When a person is alleged to be incapable of personal care, the Public Guardian and Trustee ("PGT") shall, under s. 62(2), investigate when "serious adverse effects are [alleged to be] occurring or may occur."
    CanadaFamily and Matrimonial
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    What Happens When A Parent Names A Guardian For Their Children In A Will?

    No parent wants to even think about the scenario where they and/or their spouse were to pass on leaving minor children behind. For most parents, it is unimaginable.
    CanadaFamily and Matrimonial
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Variation Of Trusts Act – Does The "Benefit" Need To Be Financial?

    The Variation of Trusts Act might be the shortest statute that I am aware of, with the entire statute likely containing fewer words than the current blog. At its most basic the Act provides the court...
    CanadaFinance and Banking
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Dementia Or Malnourishment?

    Proper nutrition is crucial to our overall health and wellbeing, including our cognition.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    It's Time To Befriend The Robots: The Use Of AI In Estate Litigation

    With the gaining popularity of ChatGPT, artificial intelligence ("AI") has seamlessly integrated into our daily lives, both professionally and personally.
    CanadaTechnology
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    "No Take Backs" – Can A Settlor Revoke A Trust?

    Circumstances change. What may have made sense for someone at one time of their life may not make sense at a different time.
    CanadaCorporate/Commercial Law
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Preserving Your Luxury Legacy: Effective Estate Planning For High-Value Assets

    Inspired by my colleague's post on May 24, 2024, about "The Succession Plan of a Hermès Heir," I've realized that today the increasing acquisition of valuable and luxury items...
    CanadaEmployment and HR
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Can A Copy Prove A Lost Will?

    In the recent case of Kacin v Kacin, 2024 ONSC 3345, the Superior Court of Justice for Ontario looked at whether a copy of a testamentary document could meet the requirements to prove a lost will.
    CanadaFamily and Matrimonial
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Love Over Blood: Ontario Court Grants Entire Estate To Common-Law Partner In Bolte v. McDonald Estate

    In a recent case, the Ontario Divisional Court had to decide who should receive the estate of a person who passed away without leaving a will. The Deceased had lived with his common-law...
    CanadaFamily and Matrimonial
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    The Homeowner Protection Act, 2024: The Expiration Of Notices Of Security Interest

    The passing of Bill 200, The Homeowner Protection Act, 2024, by the Ontario legislature marks a significant change in the handling of Notices of Security Interest (NOSIs) for consumer goods.
    CanadaReal Estate and Construction
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Variation Of A Trust By Disclaimer

    The right for a beneficiary to disclaim their interest under an estate is well-established in Ontario, traceable back to the original English courts of chancery...
    CanadaCorporate/Commercial Law
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Intermeddling: What Is The Threshold For Having 'Acted' As Estate Trustee?

    Being an estate trustee is a significant responsibility – one that is often significantly more difficult and thankless than many people realize when they first agree to act in this capacity.
    CanadaFamily and Matrimonial
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Professional Regulation And The Appointment Of An Estate Trustee

    While estate trustees are not subject to professional regulation, if a lawyer or former lawyer applies for a certificate of appointment, professional regulatory proceedings – either past or present – could be salient to the application, depending on the circumstances.
    CanadaFamily and Matrimonial
    Hull & Hull LLP
    Hull & Hull LLP
  • Article

    Discovering Records Of Non-Parties Under Rule 30.10

    Pursuant to Rule 30.10 of the Rules of Civil Procedure, the Court applies a test of relevance and fairness when assessing a request by a party for production of a non-party's records...
    CanadaLitigation, Mediation & Arbitration
    Hull & Hull LLP
    Hull & Hull LLP

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