Archive for the ‘Estate Litigation’ Category

Credibility is in the Eyes of the Judge

Wednesday, November 30th, 2016

I previously blogged about the presumption of resulting trust, which applies to gratuitous transfers between a parent and an adult child (equity presumes a bargain, and not a gift).   Rebutting the presumption of resulting trust (i.e. proving that the parent intended to make a gift to the adult child) often comes down ...

Must an estate pay for a charitable pledge by the deceased?

Wednesday, November 16th, 2016

Canadians are charitable people. According to Statistics Canada, 82% of Canadians made a financial donation to a charitable or non-profit organization in 2013 (the latest year statistics are available). The amount given by donors increased from an annual average of $469 in 2004 to $531 in 2013. The most generous ...