All About Estates

Category: Succession Planning

Total 72 Posts

Demonstrating Financial Need in a Dependant Support Claim

Today’s blog was written by Tyler Lin, student-at-law with de VRIES LITIGATION LLP When a person passes away, what happens to those who were depending on them? In Ontario, the requirement to provide for your dependants does not end on death. Where the deceased has failed to leave adequate support…

Continue Reading

Of Love, Resulting Trusts, Matrimonial Homes and Fenelon Falls

The gratuitous transfer of property from a parent to an adult, capable child may result in a resulting trust.

Continue Reading

COVID-19: Virtual Witnessing of Wills and POAs Now Allowed

It is no surprise that many people are contemplating their own mortalities during the COVID-19 pandemic and wish to make a will. However, the existing laws are particularly unsuited to making wills in a time of social distancing; it will usually be impossible or unsafe to have two people witness…

Continue Reading

Time to Refreeze: Redux

The freezing of current share value so that your chosen successors can easily participate in the future growth of your enterprise is a common estate planning technique. What if the value of the frozen shares now exceeds the value of the enterprise as a whole? I wrote about this sometime…

Continue Reading

Estates Law and Privacy Law: An Incomplete Intersection (Part II)

This is the second entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I focused on the relevant federal and provincial privacy legislation. Part II will examine significant court decisions relating to this area. Part III will look at solutions for lawyers…

Continue Reading

Clash of the Limitation Periods

The Limitations Act, 2002, SO 2002, c 24, Sch B, brought order and clarity to limitation periods in Ontario. However, the Limitations Act did not displace all existing limitation periods established by statute. The Limitations Act carves out several exceptions, including the Real Property Limitations Act, RSO 1990, c L.15…

Continue Reading

Estates Law and Privacy Law: An Incomplete Intersection (Part I)

Estates Law and Privacy Law: An Incomplete Intersection (Part I) This is the first entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I will focus on the relevant federal and provincial privacy legislation. Part II will examine significant court decisions relating…

Continue Reading

Option to Purchase – At What Price?

Court of Appeal interpreted an option to purchase a business set out in the deceased’s last will.

Continue Reading

Transferring Wealth During Your Lifetime

I was reading recently that approximately $30-trillion in assets will be shifting from one generation to the next across North America in the next few decades, according to consulting firm Accenture. A couple of years ago, I wrote about gifting cash or assets during one’s lifetime as an alternative method…

Continue Reading

“Death be not proud, though some have called thee mighty and dreadful, for thou are not so…” – John Donne

It is never easy when a loved one dies. Only adding to one’s grief is the fact that the administrative tasks to deal with a death can be complicated. There is any number of loose-ends to address and specific steps to take to bring finality to a life well-lived.

Continue Reading