Joint Tenancy

Total 52 Posts

Til Death (or a CPL) Do Us Part: Joint Tenancy Survives a Son’s Suspicion

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This blog has been written by Mohena Singh, Associate at Fasken A recent Ontario Superior Court decision, Giglione v. Giglione [1], is a useful reminder that disappointment does not always lead to a legal remedy when it comes to inheritance. In this case, the Deceased got re-married in March 2014 and executed a will three weeks later, dividing the residue 30 percent to his spouse and 70 percent among his….

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Family Conflict, Joint Tenancy, Property

Examining a Non-Party for Discovery: The Legal Test

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In an action, examinations for discovery typically involve the parties to the proceeding being examined by counsel. However, there may also be other people who are not parties to the proceeding that have knowledge or information that is relevant to the issues in dispute. Where a party seeks to examine for discovery someone like that, the Court may grant leave for them to do so under certain circumstances. This is….

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Estate Litigation, Family Conflict, Joint Tenancy, Property, Trusts

Presumption of Resulting Trusts: Lessons from Atkins v Chamberlain for Joint Accounts

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Today’s post was written by Nina Fainman-Adelman, Associate and Ashely Thornton, Articling Student, Gowling WLG (Canada) LLP Resulting trusts is an equity-based tool for reallocating property when legal joint title does not reflect the intentions of a testator who held the property or account jointly with another individual. A resulting trust responds to the absence of donative intent: equity presumes that a transferor did not intend to make a gift….

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Estate Administration, Estate Litigation, Joint Tenancy

The Neverending Story – Joint Accounts

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Scotiatrust

This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Although almost 18 years have passed since the release of the decision in Pecore, questions about joint ownership of assets in estate planning continue to be the number one items raised by estate planning clients for this author.   In 2025, the saga of estate litigation following joint ownership continues.   In Ontario, the most common….

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Estate Litigation, Investments, Joint Tenancy, Resulting Trust

Joint Ownership & U.S. Estate Tax Considerations

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Canadians are familiar with the concept of joint ownership with right of survivorship. It is the prevalent form of ownership between spouses. Therefore, it is not uncommon for Canadians to own U.S. real property or other U.S. property, jointly, especially between spouses. Many are of the view that it will simplify the estate plan and succession of the U.S. property to the surviving owner yet, few understand the U.S. estate….

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International, Joint Tenancy, Real Estate, Succession Planning, Tax Issues, United States, US Taxes

The Pitfalls of Joint Ownership: Transferor Beware

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Scotiatrust

This blog post was written by Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Executors in Ontario are often required to obtain a Certificate of Appointment of Estate Trustee (colloquially and historically referred to as “probate”). Although Estate Administration Tax (“probate tax”) is applicable across many jurisdictions in Canada, it is slightly higher in Ontario. This leads many people to take steps to avoid or minimize it.   Joint ownership….

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Joint Tenancy, Resulting Trust, Trusts
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