November 2016

Credibility is in the Eyes of the Judge

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I previously blogged about the presumption of resulting trust, which applies to gratuitous transfers between a parent and an adult child (equity presumes a bargain, and not a gift).   Rebutting the presumption of resulting trust (i.e. proving that the parent intended to make a gift to the adult child) often comes down to a matter of credibility – can the witness be believed? The British Columbia Court of Appeal has recently reminded….

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Credibility, Deference, Estate Litigation, Family Conflict, Resulting Trust

The OPGT and the Case of the Missing Estate Trustee

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As regular readers of this blog well know, not everyone dies with a will. When this happens, the Succession Law Reform Act (Part II) sets out who are the beneficiaries of the estate, while the Estates Act (section 29) ranks in order of priority who may apply to be estate trustee. This statutory system works well, until no one wishes to step into the role of estate trustee. When that….

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Estate Administration, Estate Administration and Probate Applications, Executors, Family Conflict

Principal Residence Exemption and Trusts

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In October, fellow blog-poster Corina Weigl wrote regarding the impact on individuals of recent changes to the rules surrounding the principal residence exemption. In addition to the changes impacting individuals, significant changes are proposed that will restrict the ability of trusts to claim the principal residence exemption residence for tax years after 2016. Currently, a personal trust is able to designate a property held in trust as a principal residence….

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Estate Planning

Postponed Power of Attorney for Property and Unforeseen Consequences

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Under the Ontario Substitute Decisions Act[i] (SDA), power of attorney (POA) for property appointments are made through a continuing or postponed POA for property. The continuing POA for property is one that takes effect immediately regardless of the grantor’s capacity to manage property and continues, if needed, through the development of the grantor’s incapacity such that the Office of the Public Guardian and Trustee (OPG&T) is not required to intervene….

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Geriatric Care Management, Power of Attorney
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