During this episode of Hull on Estates, we talked about the case of Scott v. Cousins (2001), 37 E.T.R. (2d) 113 (Ont. S.C.J.). In particular, we discussed: (i) the admissibility of hearsay statements; (ii) the role of medical evidence regarding capacity; and (iii) the issue and use of retrospective capacity assessments.

Show Notes: In Podcast #10 we finished off knowledge and approval, talked about mistakes in that context, and reviewed undue influence.

During this pod cast on knowledge and approval and mistake, we discussed the following: (i) the general concept of "knowledge and approval" and what amounts to such; (ii) the case of Hastilow v. Stobie; (iii) how to ordinarily establish "knowledge and approval", and what might be needed in special circumstances; (iv) the cases of Crerar v. Crerar, Re Phelan and Fulton v. Andrew; and (v) words appearing in a will by inadvertence.

Show Notes: 1. The general concept of "suspicious circumstances" and what amounts to such circumstances 2. The onus of proof on a propounder of a will and an alleger of undue influence 3. The meaning of the phrases "the true will of the deceased" and the "righteousness of the transaction" 4. The rule in Barry v. Butlin 5. The Supreme Court of Canada's decision in Vout v. Hay

During this pod cast on testamentary capacity, we discussed the following: (i) the requirement of a "disposing memory"; (ii) age-related "incapacities"; (iii) the Re Bohrmann and Fulton v. Andrew decisions; and (iv) the practicalities of determining testamentary capacity.

Episode 6 - Testamentary Capacityage restrictions to keep in mind when drafting a willrequisite mental capacitythe issue of insane delusions

Episode 5 - More on drafting willsconstructive trusts;specific devises and bequests;life insurance;the description of beneficiaries;trusts/life interests;the selection and powers of trustees, including the power to encroach; andademption.

Episode 4 - Legal issues when drafting a willthe international willrevocation by marriagelapseabatement the rule in Saunders v. Vautier

Episode 3 - Will drafting issuesundue influencesuspicious circumstances due executioninternational wills

Episode 2 - Testamentary capacity the solicitor's role the court's role defining testamentary capacityBanks v. GoodfellowLeger v. Poirier