The recent case of Zapata v Zapata, 2024 ONSC 3677 (CanLII) provides a useful refresher on the doctrine of resulting trust. In Zapata, the applicant sought a declaration that she was entitled to the proceeds of sale of a house in Toronto. The house was previously owned by the applicant and her husband as joint tenants. The applicant wanted to sell the house but her husband refused. On the advice….
Resulting Trusts Strike Again! Continue Reading »
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Estate and corporate advisors often suggest to shareholders to enter into a shareholders’ agreement. The shareholders’ agreement is essentially a contract where the shareholders plan in advance for certain contingencies or future events for which they are in agreement as to the outcome. Essentially, the shareholders’ agreement governs the shareholders’ relationship and the rules and procedures in case of a dispute or an event, notably, the transfer of shares on….
The Buy-Sell Agreement At Death Continue Reading »
Estate Administration, Estate Planning, Small Business, Tax Issues, WillsThis blog has been written by Sandra Arsenault, Law Clerk at Fasken Martineau DuMoulin LLP No, you likely did not. Most people don’t apply to become an executor of an estate. An executor is responsible for administering the estate of a deceased person from the date of death until all debts are paid and all assets of the estate are realized and distributed in accordance with the terms of the….
YOU ARE HIRED…WAIT, DID I EVEN APPLY? Continue Reading »
Estate Administration, Estate Planning, Executors, Wills
Today’s blog was written by Kelsey Buchmayer, associate with the Ottawa office of Gowling WLG (Canada) LLP There are several benefits to searching title for your client’s real property when initiating their estate planning. For instance, you can confirm title is held as your client understands it to be and you can also assess whether planning opportunities such as probate strategies are available to your client in relation to their….
Make it a habit: Searching title for real property when doing estate planning Continue Reading »
Estate Planning, Real Estate, Wills
On June 20, 2024, I attended the annual Ontario Bar Association’s Elder Law Day, where several informative presentations noted the rise in personal care disputes. Speakers also explored approaches that lawyers might consider to manage these disputes. The presentations triggered me to write about common issues we see related to the Power of Attorneys for Care. I also offer considerations to help lawyers and advisors deal with personal care disputes…..
Insights into Resolving Care Disputes – POAs for Personal Care – Part 3 Continue Reading »
Caregiving, Elder Care, Elder Management, Family Conflict, Power of AttorneyToday’s blog was written by Karen La Caprara, Counsel, at Fasken Martineau DuMoulin LLP. This being my first All About Estates blog, I thought I would make it a personal one. So, as an introduction, I decided that I would share my family experience that contributed to my decision to practice in the area of wills and estates.[1] I won’t get into the nitty gritty of all that went down,….
The Next Succession? Lessons from a family estate gone wrong… Continue Reading »
Estate Administration, Estate Planning, Executors, Family Conflict, Trustee, Wills