Archive for the ‘Family Conflict’ 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 ...

The OPGT and the Case of the Missing Estate Trustee

Tuesday, November 29th, 2016

As regular readers of this blog well know, not everyone dies with a will. When this happens, the Succession Law Reform Act (Part II) sets out who are the beneficiaries of the estate, while the Estates Act (section 29) ranks in order of priority who may apply to be estate ...