All About Estates

Tag: family law act

Total 5 Posts

What if… the Kardashian Deathbed Marriage Took Place under Ontario Law?

A Thought Experiment Recently, I had the opportunity to co-author a paper on deathbed retainers with Justin de Vries. In drafting this paper, I had the occasion to think about deathbed wills from every conceivable angle. The idea for this blog started as footnote 81: a hypothetical thought experiment on…

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Are Domestic Contracts Becoming More Popular?

When I explain to people whom I’m meeting for the first time that I’m a lawyer and that among my areas of practice I draft domestic contracts, I’m often met with a response to the effect of “You mean, like, a pre-nup?” I can confirm that a “pre-nup” is, in…

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Ontario Court of Appeal Considers When is a Gift Not a Gift

In McNamee v. McNamee, the Court of Appeal reviewed the essential ingredients of a legally valid gift. The issue on appeal was whether 500 common shares in the family business, which had been transferred to Mr. McNamee Jr. constituted a gift for the purposes of s. 4(2) of the Family Law Act.

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Probate Tax Planning – Joint Tenancy May Not Always Be the Best Option

In Ontario, property that a deceased owns as a joint tenant with another person does not form part of his estate for probate tax calculation purposes. As a result, significant attention is now being paid to the use of joint ownership as an estate planning technique to reduce or avoid probate taxes for both real and personal property. However, when property is transferred into joint ownership there are many issues that should be considered other than the potential probate tax savings.

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