Question: If an elderly seller (sole owner) lists a vacant property utilizing a Power of Attorney, sells firm with a quick closing date, but dies before closing. How can the …
Joint Tenancy or the Will?
Question: I have a client who wants to stay in her home. Her husband recently died and both names were on title (Joint Tenancy). However the husband willed his half …
Power of Attorney and Death
Question: I sold my client’s home pursuant to a Power of Attorney The home was supposed to close last week but due to the Buyer’s circumstances, it’s been delayed 3 …
Family Cottage and Estate Planning
Question: We have a family ”cottage” (house) where my brother has been living since we built a new house on the lot about ten years ago. The property is still …
Elderly Couple Live Together: Any Rights?
Question: An elderly couple in their early ‘80’s meet, and decide to move in together. She had a townhouse and changed title to her daughter’s name. She has been in …
Can a Corporation Be a Joint Tenant?
From time to time people wonder whether a corporation can hold title as a joint tenant. After all, it can’t really die? Strange question, in fact, I have been asked …
Divorced: but still stuck together!
You probably never thought of this and it certainly doesn’t happen very often, but when it does it definitely causes havoc. Let’s take the case of Jim and Wendy. Wendy’s …
Be Sure About Beneficiary Designations
In a recent case, the Ontario Court of Appeal, Fair v. BMO Nesbitt Burns Inc., 2022 ONCA 711, looked into the issue of beneficiary designations, the fiduciary duties of an …
Wills for Everyone!
Everyone has a Will. The problem is that most people don’t know where it is. They have never seen it, they never signed it and they don’t know what it …
Joint Tenancy Declarations
Now that the Supreme Court of Canada has changed the law, what are you going to do about it? Just a quick summary about the law. There are basically two …