Total 414 Posts
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 Luck v. Hudson, 2020 ONSC 3811 (Div. Ct.), the Divisional Court confirmed that an appeal is not the time to raise new issues and seek directions regarding an estate. In this case, the deceased and his wife owned a house together jointly which then sold (it is not clear whether the house was sold before or after the deceased’s death). At some point, litigation was commenced. While the exact….
Divisional Court Appeals: Not The Place For New Issues Continue Reading »
Contested wills, Cottage, Estate Administration, Estate Litigation, Family Conflict, Wills
In Deleon v. DeRanney, the Ontario Superior Court of Justice awarded some dependant support to a non-biological child who was part of the deceased’s unconventional family. As blog readers may be aware, the Succession Law Reform Act (SLRA) does not require that a child be the biological offspring of the deceased in order to receive dependant support – under section 57, the definition of “child” includes “a person whom the….
Deleon v DeRanney and the Definition of “child” Under the SLRA Continue Reading »
Courts, Dependant Support, Estate Litigation, Estate Planning, Family ConflictIn Dreger et al v the Queen (2020 TCC25), the beneficiaries of an estate bequest appealed assessments for unpaid taxes by the deceased. In this case, the deceased was an annuitant of a life income fund (“LIF”) and prior to his death, he designated to each of his daughters as his beneficiaries under a beneficiary designation in respect of the LIF. In his will, the deceased named his daughters as….
Someone else’s tax bill – Sometimes there is no getting away from it! Continue Reading »
Canada Revenue Agency, Courts, Estate Administration, Estate Litigation, Executors, Investments, Liability, Tax Issues, Trustee, Trusts, Uncategorized, Wills
Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights will be put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”) and Edward. In August….
Constructive Trust and Proprietary Estoppel – Built With Your Own Hands Continue Reading »
Contracts, Estate Litigation, Family Conflict, Property, Real Estate, SpouseThis blog was written by Paula Lester – Estate and Trust Consultant with Scotia Wealth Management As an Estate and Trust Consultant who works closely with financial advisors and their clients, I find myself being asked increasingly often to help clients whose capacity has become a concern. This seems to be an instigator as the advisor becomes aware that the client may no longer be able to understand their finances….
Diminishing Capacity and Urge to Delay Continue Reading »
Capacity Law, Contested wills, Estate Litigation, Estate Planning