Total 505 Posts
The addition of a common-law partner as a joint owner of a bank account with a right of survivorship may give rise to initial uncertainty as to whether the arrangement constitutes a gift. While such a designation may appear to be a gratuitous transfer, the presumption of advancement does not apply to a common law spouse added onto a joint account, even if there is a right of survivorship. If….
Brianna Fable-Watson, Articling Student, Gowling WLG (Canada) LLP When planning your estate, creating a spousal trust is an effective way to ensure that your spouse is financially supported while also protecting the inheritance for your children or other beneficiaries. In a typical spousal trust, your surviving spouse receives the income produced from your assets during their lifetime, while the capital is (potentially) preserved for the next generation after they pass…..
Over the last couple decades, many Canadians have invested in real estate, more specifically, in rental properties. As a result, their real estate holdings will constitute a substantial part of their estate therefore, their estate plan should consider how best to minimize capital gains on death and preserve their real estate investments for the next generation. Indeed, one should not overlook the tax implications involved on the death of an….
Estate Planning and Rental Properties Continue Reading »
Estate Administration, Estate Planning, Property, Real Estate, Tax IssuesThere is a saying among charitable gift planners: “beware of donors of in-kind property with valuations in hand.” In other words, some gifts may be too good to be true. This folk wisdom contains a serious point. Donors, executors and charities often struggle with the valuation of in-kind donation. Who commissions and pays for in-kind donation appraisals, the donor or charity? Does the valuation have integrity? Standard Practice The recommended….
Valuing In-kind Donations Continue Reading »
Estate Administration, Estate Donations, UncategorizedToday’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. The Ontario Ministry of the Attorney General has once again revised the estate-related Court forms, this time under O. Reg. 72/25, which came into effect on August 13, 2025. These changes aim to streamline the probate application process and reduce administrative friction for estate professionals across the province, ultimately benefiting all parties involved in estate administration. What Changed?….
Ontario Estate Court Forms Revamped: Key Changes You Need to Know Continue Reading »
Courts, Estate Administration, Estate Administration and Probate ApplicationsTHE FOLLOWING BLOG POST WAS WRITTEN BY IRYNA HUK, STUDENT-AT-LAW AT DE VRIES LITIGATION LLP When a sentimental estate asset is wrongfully altered or destroyed, courts must decide whether the appropriate remedy is to award the estate the value of a replacement or the cost of restoring the original. The decision in Kew Estate v. Konarski, 2025 ONCA 357 illustrates that in some circumstances, misappropriating emotionally significant estate assets may not….
Valuing Sentimental Property in Estate Litigation Continue Reading »
Estate Administration, Estate Administration and Probate Applications, Liability