All About Estates

Category: Interest

Total 34 Posts

And who shall I say is calling?

Reposted:  Most of us avoid talking about death, but in reality many of us think about it regularly. None of us know what the future brings but death is a certainty. We just don’t know when and how. The Jewish New Year (Rosh Hashanah) was recently celebrated, closely followed by…

Continue Reading

Life Interest or Licence to Use?

A person’s house is often their most valuable assets – both monetarily and emotionally. As a result, testators tend to put a lot of thought into who, and how, they wish to leave their house. However, as is always the case, best laid plans often go awry. One example of this, explored in the 2022 Court of Appeal of Ontario decision Barsoski Estate v Wesley, is when it is unclear whether the will gifts someone with a life interest in the house or a licence to use the property.

Continue Reading

The Something Wonderful Theory

I thought I would mix things up today and repost this blog, written by my son. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I believe in what I refer to as the Something Wonderful Theory. Since you never know when something wonderful is about to happen in your life, you might as live view each new…

Continue Reading

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…

Continue Reading

Shingeki no Kyojin: An Anime Unexpectedly About Family, Legacy and Succession

Last week, my colleague Yvonne Mazurak wrote a blog post about a recently-released television show, And Just Like That, discussing the estate planning issues highlighted by the events of the show. So, I thought I would provide a bit of a television recommendation show of my own…although my taste is…

Continue Reading

How the ‘Hotchpot Clause’ Lost its Groove: the marriage settlement trust and myth of women’s legal disabilities

What is Hotchpot? In estates law, “hotchpot” is a legal term of art.[1] It is an umbrella term that covers a few related concepts (e.g., a hotchpot clause, common law presumptions of hotchpot, intestacy legislation on the same). In essence, the purpose of hotchpot is to prevent one beneficiary from…

Continue Reading

Bill 245: Innovative Updates to the Succession Law Reform Act

Dear readers, As you might recall, last April (of 2020) was the height of the first wave of the COVID-19 pandemic in Ontario. As part of our government’s efforts to keep Ontarians safe while still allowing access to justice, an emergency order was brought at that time to allow virtual…

Continue Reading

Can a McDonald’s Paper Napkin be a Valid Will?

We know that a suicide note can constitute a valid will in British Columbia, and possibly in Ontario. However, can a will written on a paper napkin from a McDonald’s restaurant be a valid will in Saskatchewan? This was interesting issue was addressed in Gust v. Langan. The Facts Six…

Continue Reading

What would happen if………….

This blog was written by Robert Boyd, Scotia Wealth Management While researching an estate and trust related blog, I was recently sidetracked by the beginning of my search. As you probably already know, Google prepopulates suggested search items as you type. A further Google search informed me that the prepopulated…

Continue Reading

Low- Interest Environment: Time To Take Advantage Again.

In past blogs, we discussed income splitting arrangements available to individuals who wish to loan funds to his/her lower income spouse or adult child, or in the case of minor children, a discretionary family trust. Such loans would be used to invest in income producing properties such as marketable securities,…

Continue Reading