Wills and Probate lawyers have repeatedly addressed the presumption of resulting trust (just use our search function to find our blog articles on the topic). Simply a fancy term that just because ownership is registered in two or more names, that is not conclusive proof that the receipt by the survivor is what was actually […]
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Estate disputes can get intense, especially if someone is trying to hide or get rid of valuable assets. It can be frustrating and burdensome to deal with, but there is a solution that can give the tools to navigate these trying times. It is called a Mareva injunction. “What the heck is that?” is the […]
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In the fall of 2024, Justice Anette Casullo rendered an interesting decision on a complex real estate/estate question. Will and Estate Lawyers pay attention. In the case of Clements v. Emerson 2024 ONSC 4885, she dealt with a 24-year family saga about a parcel of land, which contained two buildings in Thorah, Ontario. During these 24 years, […]
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In the important Superior Court of Justice decision in Officer v. The Estate of Charles Herbert Officer, Justice Faieta was called upon to settle the competing claims of the family of the late Mr. Charles Officer, who died at the young age of 48 without a Will. He was survived by his three year old […]
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Occupation rent is the legal term given to the compensation that is owed by someone who lives in a property without authority. This was canvassed by Justice Karakatsanis in the 2004 decision of Dagarsho Holdings Limited v. Bluestone. The judge held that occupation rent is an equitable remedy, in other words, it is a fairness […]
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The 2024 British Columbia trial decision in the Markland Estate v. Benz, by Justice Lamb highlights many legal principles that Will and Estates Lawyers have talked about in our blogs. Presumption of resulting trust, joint tenancy, severing a joint tenancy and a gift with a right of survivorship. Enter any of these terms in the […]
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The Court has Options Short of Removal In the September 2024 decision in Deziel v. Deziel, the freshly appointed Justice Barbara McFarlane touched upon a number of interesting points that apply to estate litigation and the administration of an estate. Estate Litigation Lawyers and simply Estate Lawyers need to keep these concepts in mind. We […]
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RRSPs and RIFs are a potential nightmare for Will and Estate Lawyers. Wills and probate lawyers keep an eye on Registered Retirement Savings Plans which must be converted into Registered Income Fund by the end of the year in which the owner turns 71. They offer many opportunities and pitfalls for their owners and wills […]
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Sometimes in estate litigation, estate lawyers or estate litigation lawyers have to deal with the question of what happens to ones remains. Most people would assume that what they have told their family would be observed. But what happens if there is a fight amongst family members. The general rule is that the executor named […]
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When one is required to make an application for probate, formally known as seeking a Certificate of Appointment as an Estate Trustee, the provincial government looks for its pound of flesh. Under The Estate Administration Tax Act, the province levies a tax of 1.5% of the value of the estate in excess of $50,000. With […]
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