Archive for the ‘Trusts’ Category

Family Relationships and Constructive Trusts

Monday, May 13th, 2013

In Thomas v. Wales, the plaintiff sought an order vesting title of a property and business (a scrap yard) to him.  He claimed both were promised to him by his parents.  Relying on Soulos v. Korkontzilas, the plaintiff submitted the court should impose a constructive trust on the property as ...

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 ...

Estate Planning Words and Phrases (Continued)

Thursday, May 9th, 2013

I thought that I would circle back to my series of blogs on commonly used estate planning words and phrases and some of the issues that they can create from time to time.  Recently, I realized that some confusion can arise when individuals refer to “the 21 year period” in ...