Property

Total 144 Posts

When Families Collide with Constructive Trusts

• • 1 Comment

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 is often put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. History of the Property Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”)….

When Families Collide with Constructive Trusts Continue Reading »

Contracts, Estate Litigation, Estate Planning, Executors, Family Conflict, Limitation periods, Property, Resulting Trust

Gifting 101 – Ademption and Abatement

• • 0 Comments

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. The world of wills and estates is a complex one, and it can be easy to lose sight of the bigger picture.  A refresh of keystone practice elements can help remind us to see the forest through the trees.  In this blog, we’ll work through some of the basics of gifting using the concepts of ademption and….

Gifting 101 – Ademption and Abatement Continue Reading »

Estate Planning, Property, Wills

What Happens When One Joint Owner is in Debt?

• • 0 Comments

While the right of survivorship is often thought of as the defining characteristic of joint tenancy, joint tenancy is also defined by “four unities.” Justice Perell succinctly defined the “four unities” in Royal & SunAlliance Insurance Company v Muir, 2011 ONSC 2273: A joint tenancy is distinguished by what are known as four unities: (1) unity of title, the co-owners take under the same instrument; (2) unity of interest, the….

What Happens When One Joint Owner is in Debt? Continue Reading »

Appeals, Family Conflict, Joint Tenancy, Property, Real Estate, Spouse

Wedding Season is Here: The Impact of Marriage on Estate Planning

• • 1 Comment

As we turn the corner from winter to spring, we also enter into another important time of year: wedding season. With the start of this season, estate planners should remind themselves, and their clients, of a few of the critical intersections between family law and estate law that specifically impact married (as opposed to cohabiting) couples: As of January 2022, following the passage of the Accelerating Access to Justice Act,….

Wedding Season is Here: The Impact of Marriage on Estate Planning Continue Reading »

Estate Planning, Property, Spouse, Wills

Revisiting the importance of language when using multiple wills

• • 1 Comment

This blog contributed by Mohena Singh, Associate @ Fasken LLP A long-time practice of estate planners has been preparing multiple wills for clients to minimize the amount of estate administration tax an estate must pay. The general idea of a primary and secondary will is to exclude property that does not require probate from the primary will so that the total value of assets requiring probate is reduced. However, if….

Revisiting the importance of language when using multiple wills Continue Reading »

Credibility, Estate Planning, Executors, Property, Real Estate, Succession Planning, Uncategorized, Wills

Will The Vacant Home Tax Impact Use of the Principal Residence Exemption; Estate Planning Considerations

• • 0 Comments

  Overview The Ontario government has enabled municipalities to enact a tax on vacant residential units in their regions (Granted under Part IX.1 of the Municipal Act).[1] Each municipality has to pass a By-Law stating the tax rate and conditions of vacancy that, if met, make a property subject to the tax. The Council of the City of Toronto enacted their By-Law, deeming it to have come into force on….

Will The Vacant Home Tax Impact Use of the Principal Residence Exemption; Estate Planning Considerations Continue Reading »

Estate Planning, Executors, In the News, Property, Real Estate, Tax Issues, Uncategorized, Wills
Scroll to Top