August 2020

Beware of the “Zombie” Deed

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In Thompson v. Elliott Estate, 2020 ONSC 1004 (CANLII), the Court considered the validity and effect of a “zombie” deed signed by a transferor while alive in order to convey an interest in land, but not registered on title until after the transferor’s death. The Facts: Alitha Elizabeth Elliott and Byron Thompson lived in a common law relationship from 2008 until they married in 2014. Each had adult children from….

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Uncategorized

Definition of (Essential) Family Caregiver

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While we are still learning how best to live under the threat of either spreading or catching Covid, our long term care facilities are starting to also figure this out.  See: https://allaboutestates.ca/family-essential-visitors/ With  80% of all COVID deaths having occurred in LTC facilities, this is definitely too late for many families. In addition to all the concerns that have been previously highlighted, from a physical, structural, staffing and equipment perspective,….

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Elder Care

Estate Planning for Tattoo Artists

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It’s critical for anyone planning an estate, whether their own or someone else’s, to do a comprehensive analysis of anything that could be considered property of that estate upon the testator’s death. After all, section 2 of Ontario’s Succession Law Reform Act states that a “person may by will devise, bequeath or dispose of all property (whether acquired before or after making his or her will) to which at the….

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Estate Administration, Estate Litigation, Estate Planning, United States

Where There’s a Will, There’s a Way: Virtual Witnessing and Undue Influence During COVID-19

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This blog was written by Lara Besharat As the pandemic trudges on, jurisdictions are bowing to pressure, allowing for what was once a rigidly fixed process to be done virtually. In Canada, a will historically required the physical presence of two witnesses alongside the testator to be considered valid. However, due to social distancing guidelines, changes have had to be made. One by one, Ontario, Alberta, British Columbia, Manitoba, Nova….

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Contested wills, Uncategorized, Undue influence

Of Love, Resulting Trusts, Matrimonial Homes and Fenelon Falls

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The gratuitous transfer of property from a parent to an adult, capable child may result in a resulting trust…..

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Contested wills, Cottage, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Joint Tenancy, Property, Real Estate, Resulting Trust, Spouse, Succession Planning, Trustee, Trusts

Estate Planning for the Family Cottage

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Much has been written in this blog space and many others on this topic. Several times a year (in some years more often than others), we are asked in our practice about to advise on succession or estate planning issues for the family cottage. I was recently alerted to a very good article called How to Estate Plan for the Family Cottage by Tim H. R. Brown of Richard, Buell….

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Cottage, Estate Administration, Estate Planning, Family Conflict, In the News, Investments, Joint Tenancy, Real Estate, Resulting Trust, Tax Issues, Trusts, Uncategorized, Wills
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