Each province in Canada establishes its own rules regarding the distribution of property where a person dies without a will. In Ontario, intestate succession is governed by Part II of the Succession Law Reform Act (the “SLRA”). Inheritance on intestacy is limited to married spouses and blood relations. If a…
Learning that a loved one or friend who has passed away has left a gift for you in their Will, can be expected or in some cases, it can come as a surprise. You may be entitled to either (i) a legacy which can be in the form of a…
Earlier this year, my colleague Justin de Vries blogged about the post-mortem release of dueling love letters from T.S. Eliot and his friend/inamorata Emily Hale. However, there is now a happier news story regarding the impact of Mr. Eliot from beyond the grave. The Bronte Parsonage, in England, is a…
In Poitras v. Canadian Cancer Society et. al., 2020 ONSC 4935 (CanLII), a decision on a motion, the Estate Trustee/moving party sought an order setting the terms of a release so an interim distribution could be made. The responding party argued that an interim distribution could not be made until…
If structuring an estate plan across different Canadian jurisdictions didn’t raise enough considerations for an estate planner, add a different legal system to the mix, namely, Quebec’s civil law. This post focuses on the estate-planning advantages available to clients who hold assets both in Ontario and Quebec, specifically the advantage…
Most adults are familiar with the concept of “rent”: it’s the money you owe every month after signing a lease with a landlord. Related but distinct from “rent” is “occupation rent” – rent’s frequently sought, but little understood, younger cousin who can still pack a punch. Occupation rent fills the…
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,…
The gratuitous transfer of property from a parent to an adult, capable child may result in a resulting trust.
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…
This blog was written by Raluca Gondor You’re named executor of a green estate. You’ve arranged for a green burial in one of Ontario’s seven green cemeteries, have identified environmental charities in line with the testator’s wishes, and are now left to handle the estate’s investments. You’ve just arrived at…
