Property

Total 147 Posts

Gamers are Letting off Some “Steam” After Learning that Purchased Games are Not Transferrable on Death

Pictured: A screenshot of a discussion between a Steam user and a Steam Support representative that has taken the internet by storm. Usually, I get my trusts and estates-related news from legal blogs, LinkedIn or emails from colleagues. So, you can imagine my surprise when I stumbled upon a pretty big story in the world of trusts and estates as I was scrolling through the front page of Reddit. For….

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Contracts, Estate Administration, Estate Planning, In the News, Property, Succession Planning, Wills

COTTRELL A MUST-READ FOR VALUING THE INTEREST OF A BENEFICIARY IN A DISCRETIONARY TRUST

This blog has been written by Darren Lund, a partner at Fasken LLP In Ontario, trust law and family law have for some time taken very different approaches to valuing the interest of a beneficiary in a discretionary family trust. For trust lawyers, a beneficiary’s interest in a discretionary family trust is a “mere expectancy”. Beneficiaries who are part of the class of discretionary beneficiaries have a right to be….

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Estate Planning, Family Conflict, Property, Separation, Trusts, Uncategorized

Automatic Vesting (Lazy Executors Hate This One Simple Trick!)

An estate trustee is responsible for distributing the property of the deceased to those who are beneficially entitled to it (either in accordance with the terms of the relevant testamentary instrument or, where there is no such instrument, in accordance with the rules set out in the relevant legislation). What happens when an estate trustee ‘forgets’ to distribute some of the deceased’s property? In Ontario, Section 9 of the Estates….

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Estate Administration, Property

All In The Family (Home)

This Blog has been written by Darren Lund, Partner at Fasken LLP As we turn the page on 2023 and look ahead to 2024, the cost and availability of housing continues to be a pressing issue for many Canadians. While there have been some recent headlines that suggest the housing market is slowing, even in traditionally hot markets, the future remains uncertain. How does the state of the housing market….

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Estate Administration, Estate Planning, Property

Trustees Holding Title to Real Property: It Used to be Simpler

Trustees holding title to real property jointly with right of survivorship should make estate succession efficient and inexpensive. But recent changes implemented by the Director of Land Titles are challenging that notion…..

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Cottage, Estate Planning, Fiduciary Professions, Joint Tenancy, Property, Real Estate, Succession Planning, Trustee, Trusts

How Separate is “Separate as to Property”?

This blog has been written by Darren Lund a partner at Fasken LLP. Marriage contracts and cohabitation agreements are an increasingly important aspect of estate planning and wealth preservation. They can be used for a number of reasons and in a variety of contexts. Think of the parents wishing to protect a cash gift to a child to assist with the purchase of a home, the business owner who wants….

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Estate Planning, Property, Spouse, Trusts
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