Total 1068 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, TrustsMuch has been written in this blog space and many others on this topic. Several times a year (in some years more often than others), we are asked in our practice about to advise on succession or estate planning issues for the family cottage. I was recently alerted to a very good article called How to Estate Plan for the Family Cottage by Tim H. R. Brown of Richard, Buell….
Estate Planning for the Family Cottage Continue Reading »
Cottage, Estate Administration, Estate Planning, Family Conflict, In the News, Investments, Joint Tenancy, Real Estate, Resulting Trust, Tax Issues, Trusts, Uncategorized, Wills
Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. I have been following the #MoneyMasterClass hosted by Gail Vaz-Oxlade, the former TV host of “Til Debt Do Us Part”, on Twitter since January 1, 2020. Gail has provided some great tips about budgeting and cutting down on unnecessary expenses that I’ve found quite helpful. This….
To DIY Or Not To DIY Continue Reading »
Estate Planning, 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 Conflict
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, WillsA lot has been written about how should choose an executor, and some of it in this blog place. A couple of years ago, fellow boggler Emily Hubling wrote eloquently about the risk and rewards of appointing a professional advisor as executor. I would like to revisit some of the points made in the context of appointing a corporate executor, some who is specifically skilled and trained for the role…..
WHAT ABOUT A CORPORATE EXECUTOR? Continue Reading »
Attorney Compensation, Compensation, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Fiduciary Professions, Trustee Compensation, Trusts, Uncategorized, Wills