BARE TRUSTS
A bare trust, also referred to as a naked trust, exists where a person, the trustee, is merely vested with the legal title to property and has no other duty to perform or responsibilities to carry out...
View ArticleA Presumptive Peril: The Law of Beneficiary Designations is Now in Flux
Calmusky v. Calmusky, 2020 ONSC 1506, is a 2020 decision of the Ontario Superior Court of Justice that is ruffling some feathers among banks, financial advisors and estate planning lawyers in Ontario....
View ArticleEstate Planning for the Family Cottage
Much has been written in this blog space and many others on this topic. Several times a year (in some years more often than others), we are asked in our practice about to advise on succession or estate...
View ArticleOf Love, Resulting Trusts, Matrimonial Homes and Fenelon Falls
The gratuitous transfer of property from a parent to an adult, capable child may result in a resulting trust. The post Of Love, Resulting Trusts, Matrimonial Homes and Fenelon Falls appeared first on...
View ArticleOccupation Rent Will Get You Every Time
Most adults are familiar with the concept of “rent”: it’s the money you owe every month after signing a lease with a landlord. Related but distinct from “rent” is “occupation rent” – rent’s frequently...
View ArticleLegislative Amendments Proposed in Light of Calmusky
On March 16, 2020, the Superior Court of Ontario released its decision in Calmusky v Calmusky. In Calmusky, the Court applied the presumption of resulting trust to a RIF that was designated to a...
View ArticleJoint accounts – continued
Several years ago, I wrote about probate planning involving the use of joint accounts. At the time, my father-in-law had just passed away and my mother-in-law, who survived him, was intent on paying...
View ArticleHow much security is enough?
With real estate prices soaring, it’s no surprise that property is often at the heart of estate litigation. Certificates of pending litigation (CPLs) are a common tool used to ensure that a disputed...
View ArticleCan You Sever Joint Tenancy After Death?
Joint tenancy has a lot in common with the TV show Survivor: the goal is to outlast your fellow castaways to win the prize – full ownership of the property. To escape this game show mentality, owners...
View ArticleELDER ABUSE: A GROWING PROBLEM IN AN AGING POPULATION
Today’s blog is co-written by Jennifer Campbell and Sandra Arsenault, Senior Law Clerks in the Private Client Services Group at Fasken. At the beginning of November, we were fortunate enough to attend...
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