Hobbs Giroday Podcast

The difference between transmission and transfer. With  David Hobbs Show Notes Episode 21: David explains the difference between transmission and transfer of assets by an executor or administrator of an estate. Contact us if you require legal assistance: Tel: (604) …

The Role of the Executor in a Wills Variation. With  Ian Giroday Show Notes Episode 20: The Executor is to be neutral with respect to a wills variation claim. An executor should file a response stating that they intend to …

Supreme Court of Canada decision Tataryn v. Tataryn Estate. With  Ian David Hobbs Show Notes Episode 19: Tataryn vs. Tataryn was a decision of the Supreme Court of Canada in 1994. It was the first time the Supreme Court of …

When there are questions about Assets Distributed Pursuit to Rights of Survivorship. With  Ian Giroday Show Notes Episode 18: Assets are typically joint bank accounts and land where a joint tenancy is registered against title. Sometimes there’s a question of …

Trusts and Trustees. With  David Hobbs Show Notes Episode 17: Trustees are named or appointed to hold the assets that are named in a trust. An example of a trustee is the executor of a will. A participant in a …

Designated Beneficiaries. With  David Hobbs Show Notes Episode 16: In a will, the people who receive gifts are referred to as beneficiaries. Designated beneficiaries are people who are named in other documents who will receive a benefit. An example of …

The Formality and Essential Validity of Wills. With  David Hobbs Show Notes Episode 15: Formal validity refers to how a will was executed. Usually if there is an issue it is regarding how a will was signed and witnessed. Essential …

Wills and Estates: Conflict of Interest With Ian Giroday Show Notes Episode 14: There are many facts that will have a bearing on the merits of any concerns of conflict of interest. There are mechanisms available to challenge what the …

A Further Look at Negligence With  David Hobbs Show Notes Episode 13: Concept of negligence is that you can be liable for causing harm or financial loss or injury, even if there is no contractual relationship. The Courts over the …

What is lack of mental capacity? What are grounds for attacking the validity of a will? With David Hobbs and Ian Giroday.  In this episode David explains mental capacity, and Ian explains the grounds for attacking the validity of a …

Negligence With  David Hobbs Show Notes Episode 11: Hundreds of years ago, basis of suing was driven by contracts or government made law (statutes). In the last hundred years the law of negligence arose in response to limited scope of …

Rules of Court Regarding Estate Matters.  Do Estate Disputes Usually Go to Court or Settle? With David Hobbs and Ian Giroday.  In this episode David explains some of the rules of the court specific to estate matters.  Ian discuses a …

An introduction to the Rules of the Supreme Court of British Columbia With  David Hobbs Show Notes Episode 9: David will be referring to British Columbia Annual Practice throughout. Lawyers and judges refer to substantive law and procedural law.  Rules …

Wills Variation Claims With David Hobbs and Ian Giroday.  In this episode David and Ian will explain the basics of a Wills Variation claim and who can bring one forward. Show Notes Episode 8: David Hobbs explains a Wills Variation …

Dental Negligence With  David Hobbs Show Notes Episode 7: While this episode is specifically about dental negligence, almost everything discussed applies to medical negligence – whether it is a dentist or other health care provider. Dental negligence is a legal …

What is an executor and what is an administrator? Who can see the will? With  David Hobbs and Ian Giroday Show Notes Episode 6: David Hobbs: What is an executor and what is an administrator?   Executors and administrators are …

When might a will be considered invalid. With  David Hobbs. Show Notes Episode 5: Three common issues arise: Formalities Competence of the will maker Undue Influence Formalities: Wills need to be signed in a special way Two witnesses are required…

What can be done if an executor or administrator is not doing his/her job properly. With Ian Giroday and David Hobbs. Show Notes Episode 4: Ian Giroday explores typical issues that can come up: Not getting on with administering the …

Understanding Joint Tenancy Estate Planning – with Or Regev.     Show Notes Episode 3: Transferring property into joint tenancy with children has become an increasingly popular estate planning tool Or explains concepts like tenancies in common and joint tenancies Transferring …

Factors the court considers in a wills variation & the legal definition of ‘committee’. Show Notes Episode 2: Ian Giroday reviews the factors the court considers in a wills variation action: Have to have a good understanding of factors the …