All About Estates

Month: August 2020

Total 18 Posts

Beware of the “Zombie” Deed

In Thompson v. Elliott Estate, 2020 ONSC 1004 (CANLII), the Court considered the validity and effect of a “zombie” deed signed by a transferor while alive in order to convey an interest in land, but not registered on title until after the transferor’s death. The Facts: Alitha Elizabeth Elliott and…

Continue Reading

Definition of (Essential) Family Caregiver

While we are still learning how best to live under the threat of either spreading or catching Covid, our long term care facilities are starting to also figure this out.  See: https://www.allaboutestates.ca/family-essential-visitors/ With  80% of all COVID deaths having occurred in LTC facilities, this is definitely too late for many…

Continue Reading

Estate Planning for Tattoo Artists

It’s critical for anyone planning an estate, whether their own or someone else’s, to do a comprehensive analysis of anything that could be considered property of that estate upon the testator’s death. After all, section 2 of Ontario’s Succession Law Reform Act states that a “person may by will devise,…

Continue Reading

Where There’s a Will, There’s a Way: Virtual Witnessing and Undue Influence During COVID-19

This blog was written by Lara Besharat As the pandemic trudges on, jurisdictions are bowing to pressure, allowing for what was once a rigidly fixed process to be done virtually. In Canada, a will historically required the physical presence of two witnesses alongside the testator to be considered valid. However,…

Continue Reading

Estate Planning for the Family Cottage

Much has been written in this blog space and many others on this topic. Several times a year (in some years more often than others), we are asked in our practice about to advise on succession or estate planning issues for the family cottage. I was recently alerted to a…

Continue Reading