Real Property 101 for Estate Planning: Parcel Merger

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  Today’s blog post has been written by Karen La Caprara, Counsel, at Fasken LLP. When two abutting parcels of land or properties are owned by the same owner or owners, title to the properties automatically merges, unless an exception to this general principle applies.[i] Once title to the abutting properties has merged the parcels cannot be dealt with independently (i.e. sold or gifted to different people), without applying to….

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Estate Planning, Property, Real Estate, Wills

The internet has transformed the way we live our lives. Should it transform our Powers of Attorney too?

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A report released in early 2024 reported that the average adult internet user spends six hours and 40 minutes every day online.[1] The typical social media user spends just shy of two and a half hours on social media per day.[2] Though some internet and social media use can of course be beneficial – driving social connections, providing educational opportunities, fostering creativity, to name a few – they have a….

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Estate Planning, Power of Attorney

The Importance of Pleadings and the Test for a Stay Pending Appeal

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In the recent Ontario Court of Appeal case of Leith v. Leith Estate, 2024 ONCA 863 (CanLII), the Court heard two motions before it.  The appellant is the spouse of the deceased.  In the lower court the spouse argued that she was entitled to an equalization payment as the deceased did not adequately provide for her in his will.  The spouse’s right to an equalization payment was not disputed.  For….

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Uncategorized

The Season of Giving is Upon Us

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This post was written by Jess Merber and Jo-Anne Ryan – TD’s Private Giving Foundation and Philanthropic Advisory Services. With the charitable giving season in full swing, it’s important to understand year-end tax planning and the value it can offer to clients who have charitable ambitions. When talking to clients, we recommend they consider these points: Donate publicly traded securities. It is always better to donate appreciated publicly traded securities….

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Charitable Giving

Financial Issues: An Early Warning Sign of Memory Disorders

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With holiday shopping in full swing, friends and family must be alert for financial issues with older people. Financial scams are also rising as we get closer to the holidays. If an older person falls victim to scams or has new problems with banking or paying bills, this could be the canary in the coal mine for recognizing memory disorders. There is an emerging body of research linking problems with….

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Elder Management, Smart Ageing

Exploring Estate Planning through The Testament

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  My husband and I recently went on a trip to Peru to celebrate our 35th wedding anniversary. It was an adventurous 18-day tour, amazing but exhausting. One of my favourite parts was the beginning of our trip when we spent four days at an Amazon jungle lodge. Part of my reason for wanting to go on this trip, and specifically to the Amazon,[1] was because of a John Grisham….

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Estate Administration, Estate Planning, Family Conflict, Tax Issues, Testamentary Capacity, Wills
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