Archive for the ‘Joint Tenancy’ Category

JOINT SPOUSAL TRUSTS AND LEGAL DIVORCE

Friday, May 10th, 2013

Mr M has settled an irrevocable trust which qualifies as a joint spousal trust (or common-law partner trusts) pursuant to the applicable sections of the Income Tax Act governing trusts. The main beneficiaries of the trust are Mr. M and Mrs. W, both of whom are Canadian residents. The trust ...

Severing Joint Tenancy-when a Family Promise is not enough

Tuesday, January 29th, 2013

The court recently considered whether a transfer made by the deceased a few months before his death severing joint tenancy should be set aside on the basis that the deceased lacked capacity to sever title or was unduly influenced to do so. The deceased (“Mr. Park”), held title to the house along with ...

Estate Planning: What Not To Do

Wednesday, December 5th, 2012

Administering an estate can be compared to undertaking a home renovation - it's almost guaranteed something will go wrong. The "something" can be relatively minor (a squabble over who gets mom's china) or it can result in costly litigation and long-lived animosity among family members. Most problems can however be avoided ...