Estate Planning Before and After Listing The recent case of Hunter v. Atwal provides an excellent example of proactive estate and transaction management for elderly property owners. In this case, …
Termination of Powers of Attorney on Death in Ontario
1. The General Rule (Common Law) At common law, a Power of Attorney (POA) was treated as an agency relationship. As such: Cases: 2. Exception: Power Coupled with an Interest …
How to Prepare for an Estate Sale (Without Family Conflict)
Selling a family home after the death of a loved one can be an emotional and complex process. In Ontario, estate sales are often further complicated by multiple heirs, differing …
Potential Liens upon an Estate Property
Question: A Buyer is offering on a property being sold by the estate of the deceased owner. Nothing is known about the property including whether or not the furnace, a/c …
Public Guardian and Trustee Involved with Estate Administration
Question: An elderly passed away this month most likely without a Will. Due to health issues, house and payments were under a “guardianship”. She left behind adult children. Where do …
Joint Tenancy Statement of Intention
When a parent adds a child to the title to their property is that child a 50% co-owner or a Trustee for the parent? It all depends upon what was …
Child Added to Title of Family Home
Joint Tenancy – Numerous Risks This may or may not be a good idea. At the outset, the advantage is to eliminate “probate fees”. Actually, that’s the estate administration tax, …
Confiscation Tax
Confiscation Tax (66.67% inclusion of capital gains) With Trudeau’s resignation, the Confiscation Tax may be gone. There were amendments to the capital gains taxes to be implemented effective 24 June …
Estate Planning: All to the Children
Question: If someone has 3 children and he wants to give equal share to all three of them and he doesn’t believe in drafting his Will . Can you please …
Estate Planning: 30 Year Marriage
Question: The husband and wife have been married for more than 30 years and have 4 adult children. They co-own their primary residence and two condo investments. Can one of …