Alicia Godin

The Neverending Story – Joint Accounts

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Scotiatrust

This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Although almost 18 years have passed since the release of the decision in Pecore, questions about joint ownership of assets in estate planning continue to be the number one items raised by estate planning clients for this author.   In 2025, the saga of estate litigation following joint ownership continues.   In Ontario, the most common….

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Estate Litigation, Investments, Joint Tenancy, Resulting Trust

Should your executor be paid to attend your funeral?

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Scotiatrust

This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Estate trustees in Ontario are entitled to be compensated for their work in administering the estate. Understanding estate trustee (“executor”) compensation is important whether you are an executor or are considering who to appoint for your own estate.   In Ontario, non-professional executors generally calculate compensation by relying on the guideline of:  2.5% of income and….

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Compensation, Estate Administration, Executors, Family Conflict

The Pitfalls of Joint Ownership: Transferor Beware

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Scotiatrust

This blog post was written by Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Executors in Ontario are often required to obtain a Certificate of Appointment of Estate Trustee (colloquially and historically referred to as “probate”). Although Estate Administration Tax (“probate tax”) is applicable across many jurisdictions in Canada, it is slightly higher in Ontario. This leads many people to take steps to avoid or minimize it.   Joint ownership….

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Joint Tenancy, Resulting Trust, Trusts

Is it a Handwritten Note or Will?

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This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Historically in Ontario, a Last Will and Testament was required to meet strict formal validity requirements to be considered valid. The requirements set out in the Succession Law Reform Act required a Will to be in writing and signed by the testator in the presence of two witnesses who also signed the document. There was a….

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Contested wills, Estate Administration and Probate Applications, Estate Planning, Executors, Testamentary Capacity, Wills

Gifting and Gift-Overs: Remember to include gift-overs this holiday season (and always)

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Law school requires reading an abundance of case law. I am sure that most lawyers have a few memorable cases that standout from their time in class (Lord Denning; the ginger beer snail etc.). There are cases that have stood the test of time; cases that caused a momentous shift in an area or aspect of law; and cases that have been in the news media and public discourse in….

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Charitable Giving, Estate Planning, Philanthropy/Charitable Giving

I am Ready and Willing – When do I Start? Activating a Power of Attorney for Property

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This article is written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust.   A Power of Attorney for Property is a document which allows an individual (grantor) to appoint and authorize a substitute decision maker. In Ontario, the substitute decision maker is referred to as an “attorney.” The named attorney or attorneys typically have a broad scope of power and under section 7(2) of the Substitute Decisions Act (the….

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Estate Planning, Power of Attorney, Property, Uncategorized
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