September 2025

Cottage Trust Planning – Points for Consideration

• • 0 Comments

Fall officially arrives on Monday. School has started, the leaves are turning colour, and for many families, it’s time to think about closing the cottage for the year. As estate planners know, the cottage is not an ordinary asset. It’s a special place where memories are made and traditions are passed down, and as a result, planning for its succession can be challenging. Often, individuals will include a trust in….

Cottage Trust Planning – Points for Consideration Continue Reading »

Cottage, Estate Planning, Property, Succession Planning, Trustee, Trusts, Wills

Valuing In-kind Donations

• • 2 Comments

There is a saying among charitable gift planners: “beware of donors of in-kind property with valuations in hand.”  In other words, some gifts may be too good to be true.  This folk wisdom contains a serious point. Donors, executors and charities often struggle with the valuation of in-kind donation.  Who commissions and pays for in-kind donation appraisals, the donor or charity? Does the valuation have integrity? Standard Practice The recommended….

Valuing In-kind Donations Continue Reading »

Estate Administration, Estate Donations, Uncategorized

Inter Vivos Transfers and the Intention to Gift

• • 0 Comments

In the recent decision of Buffa v. Giacomelli, 2025 ONSC 4024 (CanLII), the court considered whether withdrawals from joint bank accounts are valid inter vivos gifts. The mother had two children: a son (the applicant), and a daughter (the respondent). The respondent made the withdrawals from joint accounts with her mother. The withdrawals amounted to approximately $1.7M and were withdrawn over the course of about 1.5 years. The applicant argued….

Inter Vivos Transfers and the Intention to Gift Continue Reading »

Uncategorized

The Benefits and Limitations of “Family Law Clauses”

• • 0 Comments

This week’s blog has been written by Darren Lund Estate planning and family law intersect in numerous ways. One of the most obvious intersections between these two areas of law is the so-called “family law clause” that appears in Ontario wills, deeds of gift, and inter vivos trusts. Although the clause is ubiquitous, it is one that is easily misunderstood by lay readers of wills, deeds of gift, and trusts…..

The Benefits and Limitations of “Family Law Clauses” Continue Reading »

Estate Planning, Trusts, Wills

Contempt Orders, Committal Warrants, and the Limits of a Stay

• • 0 Comments

*Today’s blog post was written by Iryna Huk, Articling Student at de VRIES LITIGATION LLP The recent Court of Appeal decision in Di Nardo v. Nagy, 2025 ONCA 523 highlights the complexities of contested estate administration and the serious consequences trustees may face when they ignore court orders. Background of the Dispute The case arose out of the administration of the late Mr. Di Nardo’s estate. His daughter, Ms. Di Nardo,….

Contempt Orders, Committal Warrants, and the Limits of a Stay Continue Reading »

Uncategorized

Marriage vs Common Law – how does it differ at death?

• • 0 Comments

Written by Kelsey Buchmayer, associate with the Ottawa office of Gowling WLG (Canada) LLP There is often an assumption that being in a common law relationship is no different than being married – marriage is just a formality, right? And in many aspects of life, perhaps this is true, but at death, this is not the case. The tradition of marriage still affords statutorily protected benefits in Ontario when it….

Marriage vs Common Law – how does it differ at death? Continue Reading »

Uncategorized
Scroll to Top