Estate Law
Estate Law
A recent decision from the British Columbia Supreme Court, Kramer v Kramer,[1]considered whether assets transferred to an alter ego trust should be returned to the deceased’s estate as a fraudulent conveyance to satisfy a wills variation claim. British Columbia is unique in Canada for the wills variation provision in the Wills, Estates and Succession Act…
In the recent case of Gill v. Gill before the Ontario Superior Court of Justice, a woman and her husband’s estate were involved in a trust dispute regarding the ownership of a property shared with her late husband’s brother. A family dispute initiates the sale of a property In Gill v. Gill, a first-generation Canadian…
Family life can be complicated, especially when it comes to entitlement to finances. In some cases, conflict looms so large that it causes significant hardship when someone dies and their estate is administered. In a case before the Ontario Court of Appeal earlier this year, a family’s conflict led to lengthy litigation regarding the establishment…
When a parent dies, it is common for their children to come together to handle the estate. However, this can lead to a number of disputes which may end up in litigation. When siblings cannot agree, the courts can step in to provide clarity. This allows them to determine how the estate should be split and…
For many people, the family home may be the most valuable asset they own, and the most significant gift they can leave for their loved ones in the event of their death. However, on occasion, someone might make a decision about what should happen to their home should they pass away, only to regret it…
As people work their way through the ups and downs of life, it is common for people to have a need to revisit their wills to make sure they reflect how they would like their estate divided in the event of their death. Of course, when a will is changed and it leaves someone out…
If you read any blog about estate planning, one of the first themes you may notice is the importance of creating a will in order to ensure that your wishes are carried out upon your death. Of course, not everyone gets around to creating a will, leaving the estate open to litigation from possible beneficiaries….