The gratuitous transfer of property from a parent to an adult, capable child may result in a resulting trust…..
Of Love, Resulting Trusts, Matrimonial Homes and Fenelon Falls Continue Reading »
Contested wills, Cottage, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Joint Tenancy, Property, Real Estate, Resulting Trust, Spouse, Succession Planning, Trustee, Trusts
In MacDonald v. Estate of James Pouliot, 2017 ONSC 3629, the court considered a constructive trust and dependant support claim against an intestate estate. While the court granted a constructive trust, it dismissed the dependant support claim as the property at issue had already automatically vested in the beneficiary pursuant to section 9 of the Estates Administration Act. Mary and James lived together as common law spouses for 22 years,….
Estates Administration Act Thwarts Dependant Support Claim Continue Reading »
Estate LitigationThe breakdown of a marriage or common law relationship can raise a host of complex legal issues both for the living and the dead. One issue that seems to crop up again and again is life insurance proceeds and who should benefit. ….
The Beautiful And Damned (with apologies to F. Scott Fitzgerald) Continue Reading »
Estate Litigation, Estate Planning, Insurance