An elderly parent may add their adult child on to title of their home for various reasons including avoiding probate but as a recent case demonstrates there are risks in doing so. The Applicant was the 88 year old mother of the Respondent. In 2009, she and her late husband bought a house together (the “Property”). In 2014, the Respondent moved in with them. At that time, the Applicant was….
The Regrettable Gift Continue Reading »
Estate Litigation
Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights will be put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”) and Edward. In August….
Constructive Trust and Proprietary Estoppel – Built With Your Own Hands Continue Reading »
Contracts, Estate Litigation, Family Conflict, Property, Real Estate, SpouseThis Blog was written by: Gosha Sekhon, LLB A not uncommon occurrence these days finds single adult children residing with an elderly, surviving parent. The parent, more often than not, requires some assistance with their health care, household tasks and the management of their financial affairs. Usually the co-habiting child is single, divorced, widowed and also finds himself or herself in a position where they are the only sibling willing….
Promises, Promises…or is that Expectations, Expectations? Continue Reading »
Contracts, Estate Litigation, Family Conflict, Joint Tenancy, Powers Of Attorney and Guardianship Disputes, UncategorizedWhat happens when an estate trustee distributes money to the wrong beneficiary or distributes the wrong amount?
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Change of Circumstance Defence Continue Reading »
Estate Administration, Estate Litigation, Executors, Wills