The addition of a common-law partner as a joint owner of a bank account with a right of survivorship may give rise to initial uncertainty as to whether the arrangement constitutes a gift. While such a designation may appear to be a gratuitous transfer, the presumption of advancement does not…
Category: Spouse
Total 77 Posts
As we head into Thanksgiving weekend, I am sharing a guest post written by my son. Earlier this year, he and his partner celebrated a beautiful wedding surrounded by family and friends. Like many life milestones, it prompted some important conversations about their future together, including what would happen if…
Brianna Fable-Watson, Articling Student, Gowling WLG (Canada) LLP When planning your estate, creating a spousal trust is an effective way to ensure that your spouse is financially supported while also protecting the inheritance for your children or other beneficiaries. In a typical spousal trust, your surviving spouse receives the income…
This blog has been written by Darren Lund, Partner at Fasken LLP. In several of my previous blogs, I have written about marriage contracts, and why they are an important element of estate planning. From a substantive perspective, there are many reasons why these agreements are relevant and may…
This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto Joint ownership of property with a right of survivorship is perhaps the most common or popular means by which a couple, for example, owns a home in Ontario. Simply put, “joint with right of survivorship”…
This blog post was written by: Ophely Karam, Estate and Trust Consultant, Scotiatrust Montreal Common-law union has become a predominant form of partnership in the province of Quebec, distinguishing it from other provinces in Canada. In 2021, 42.7% of couples in Quebec lived in a common-law union, this is 2.5…
One of the most interesting and challenging aspects of working in the trusts and estates field is how different the rules can be, not just internationally, but within our national borders. For example, this week I was chatting with my Quebec colleagues about Bill 56 – An Act respecting family…
This blog post was written by: Diana Leopardi, Estate and Trust Consultant, Scotiatrust Montreal Love is in the air…You may now kiss the bride; these are a couple of popular phrases often used in romantic movies but what about The Hangover movie what if your client woke up one morning…
Maddi Thomas, associate, and Donya Ashnaei, articling student, Gowling WLG (Canada) LLP Background I wrote a blog post on Enns v the King, 2023 TCC 28, last year. This case was significant for estate planners, as the ruling extended the Canada Revenue Agency’s (“CRA”) reach under section 160 of the…
Pictured: My beloved dog, Yuki, in her Christmas tree outfit. When thinking about what to write for this week’s blog post, I realized that I have the last Fasken slot before Christmas. This got me thinking: what can I write that’s relevant to the holidays? It then dawned on me…