Estate Law
Estate Law
In the recent case of Falsetto v. Falsetto, 2023 ONSC 1351[1], Justice Bell decides on the issue of whether a resulting trust can be established in a situation where property title is placed in a third party’s name, primarily to comply with the Planning Act[2]. This case highlights the importance of documenting intentions when transferring property to…
Naming an estate trustee during litigation (“ETDL”) is meant to reduce conflict and streamline the administration of an estate. However, problems can arise when a former estate trustee (and beneficiary) continues to cause conflict and frustrate the efforts of the ETDL. This was the case in the recent Ontario Superior Court decision Estate of Georgia…
In some instances, estate litigation can involve challenges to the will by individuals who believe they should have been a beneficiary of the estate in specific capacities. In the recent decision of Fair v. BMO Nesbitt Burns Inc.,the Court of Appeal of Ontario was asked to determine whether a beneficiary to an investment account was…
In a previous post, we blogged about the requirements for a valid will. One of those elements is testamentary capacity, meaning that the will-maker must have the necessary mental capacity to understand the nature of their property and provide instructions regarding preparation of the will. Lack of testamentary capacity is a common basis which individuals…
The discovery of a claim can create some uncertainty for parties, especially when they are running up against a limitation period. Section 5 of the Limitations Act states that a claim is “discovered” on the earlier of: Are there Exceptions to the Two-Year Limitation Period Deadline? The Limitations Act contains several exceptions to the two-year…
With Ontario’s Make-a-Will Month coming up in November, there isn’t a better time to create or revise your will. However, it’s important to understand the formal requirements for creating a will before you set your pen to paper. Ontario legislation outlines strict requirements for wills, including who can make them, the form of wills, and…
In Ontario, for a Will to be considered valid, it must be created by a testator who is of sound mind and over the age of 18. The testator must also sign the Will in the presence of two witnesses, who then sign confirming they witnessed the testator’s signature. But what happens when a witness later tries…
While a testator may do everything they can while they are alive in an effort to set up their estate for easy distribution, they cannot prevent someone from challenging their will after they pass. Sometimes individuals who believe that they should have been included in the will as a beneficiary choose to contest a will…
Having a valid will in place at the time of one’s death is incredibly important. Naming a trusted individual or individuals to act as executor of the estate is just as important, as this role carries a great degree of responsibility. In the recent decision of Humphreys-Saude v. Pavao, a mother was named as executor of…
What happens to one party’s inheritance when a couple separates? The answer depends on how the inheritance entered the relationship, and how it was spent, if at all. If one spouse receives an inheritance during the marriage and retains it, it will most often be excluded from the division of property upon separation. In the…