Property

Total 145 Posts

The Genetic Gift: Navigating the Legal Labyrinth of Genetic Material Donation in Canada

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In the ever-evolving landscape of Canadian law, the donation of genetic material presents a complex and multifaceted challenge both in the case of inter vivos donations and posthumous ones. The intersection of property rights, consent, and privacy in this context is not only legally intricate but also laden with ethical considerations.  After a friendly debate about this issue, I thought I would share some of my thoughts.  This post considers….

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Estate Administration, Estate Planning, Property

When Families Collide with Constructive Trusts

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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”)….

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

Gifting 101 – Ademption and Abatement

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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….

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Estate Planning, Property, Wills

What Happens When One Joint Owner is in Debt?

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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….

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

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

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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,….

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Estate Planning, Property, Spouse, Wills

Revisiting the importance of language when using multiple wills

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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….

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