Hull on Estates

During Hull on Estates Podcast #16, we discussed the case of Harrison v. Fallis, a recent decision of Madam Justice Eberhard dated June 12, 2006.

In Hull on Estates Episode 15, we added some commentary to our last podcast on the Leskun v. Leskun decision, and then examined the recent Alberta Queen's Bench decision in Popke v. Bolt, [2005] A.J. No. 999; Serdahaley Estate (Re), [2005] A.J. No. 16201.

During Hull on Estates Episode #14, we discussed the recent Supreme Court of Canada's decision in Leskun vs. Leskun dealing with spousal support and considered how it might affect the Estates bar.

In Hull on Estates Episode #13, we discussed costs in Estate litigation.

In Hull on Estates Episode 12, we continued with our discussion of Scott v. Cousins and, in particular, the court's analysis of the Burden of Proof and Undue Influence.

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.