pecore

Joint Accounts Held as Tenants in Common: A Tool to Avoid Litigation

• • 0 Comments

This blog was written by Holly LeValliant Perhaps one of the most litigious issues in the area of estate law is the question of whether a joint account passes on survivorship when one of the owners dies, or whether the survivor holds the balance of the account in trust for the deceased’s estate. Joint ownership of bank accounts between parents and children is common and can be a convenient tool….

Joint Accounts Held as Tenants in Common: A Tool to Avoid Litigation Continue Reading »

Uncategorized

A Presumptive Peril: The Law of Beneficiary Designations is Now in Flux

• • 10 Comments

Calmusky v. Calmusky, 2020 ONSC 1506, is a 2020 decision of the Ontario Superior Court of Justice that is ruffling some feathers among banks, financial advisors and estate planning lawyers in Ontario. In this case, the court applied the principles surrounding the presumption of resulting trust, established by the Supreme Court of Canada in Pecore v. Pecore, [2007] 1 S.C.R. 795, to two different issues related to a single estate. One….

A Presumptive Peril: The Law of Beneficiary Designations is Now in Flux Continue Reading »

Credibility, Estate Administration, Estate Planning, Family Conflict, Joint Tenancy, Probate Tax, Resulting Trust, Trusts, Wills
Scroll to Top