Real Estate

Total 95 Posts

Key Considerations When Drafting a Will with International Assets

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If you have clients with assets outside Canada, they likely look to you for guidance to support drafting of testamentary documents. In a previous article we explored the considerations that should be kept in mind when assets are owned outside of Quebec, within Canada – given the civil law and common law differences. However, even if the testator has assets in multiple common law or civil law jurisdictions, estate and….

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Estate Planning, Executors, International, Property, Real Estate

Real Property 101 for Estate Planning: Parcel Merger

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  Today’s blog post has been written by Karen La Caprara, Counsel, at Fasken LLP. When two abutting parcels of land or properties are owned by the same owner or owners, title to the properties automatically merges, unless an exception to this general principle applies.[i] Once title to the abutting properties has merged the parcels cannot be dealt with independently (i.e. sold or gifted to different people), without applying to….

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Estate Planning, Property, Real Estate, Wills

Real Estate in Estate Planning: Tax Consequences

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Many Canadians hold a large share of their wealth in personally-owned real estate and consider it to be a critical part of their wealth-building strategy. Donald Sutherland, the well known Canadian actor who passed away in June of this year, is purported to have had a multimillion dollar real estate portfolio at the time of his death. For….

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Estate Planning, Probate Tax, Property, Real Estate, Tax Issues, Uncategorized

Make it a habit: Searching title for real property when doing estate planning

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Today’s blog was written by Kelsey Buchmayer, associate with the Ottawa office of Gowling WLG (Canada) LLP There are several benefits to searching title for your client’s real property when initiating their estate planning. For instance, you can confirm title is held as your client understands it to be and you can also assess whether planning opportunities such as probate strategies are available to your client in relation to their….

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Estate Planning, Real Estate, Wills

Ontario Residents with Quebec assets

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Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP A common issue facing estate planning practitioners in Eastern Ontario is the Ontario resident client owning Quebec assets, often the family cottage, which need to be dealt with in a Will. Where a couple (or either of them) owns assets in Quebec it generally makes sense to have distinct Quebec Wills dealing with….

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Estate Administration and Probate Applications, Estate Planning, Real Estate, Wills

PROCEED CAREFULLY – FRAUDULENT CONVEYANCES

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Kira Domratchev, Associate Gowling WLG (Canada) LLP I recently came across an interesting decision of the Ontario Superior Court of Justice where the Court used the doctrine of a resulting trust to reach an outcome on a series of events that left a creditor unable to collect an outstanding costs award. LPIC v Fiore et al, 2021 ONSC 7860 was a decision in an action by a plaintiff indemnity company….

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Courts, Credibility, Real Estate, Trusts
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