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Gifts to Adult Children – the Presumption of Resulting Trust
Adding a child on title to a property or as a joint account holder on a bank account is a common estate planning tool used by many with the goal and intention of hoping to avoid the delay in the administration of estates as a result of probate and also the estate administration taxes that…
Read MoreCosts in Guardianship Applications
Guardianship applications are often commenced out of necessity. Some examples of when and why a guardianship application occurs include when someone is incapable and has no power of attorney and requires a financial or medical decision maker, there are concerns that someone is being abused or taken advantage of by their current power of attorney…
Read MoreInterpretation of Wills & The Armchair Rule
The Court is often asked to render a decision regarding a dispute related to the interpretation of a will. Issues related to the interpretation of a will can arise where first the will is vague or subjective such as wills which include such language like “necessary” or “reasonable” – what is reasonable or necessary? Who…
Read MoreNavigating Limitation Periods in Estate Litigation
Estate litigation in Ontario, Canada, is a complex legal realm that deals with various disputes related to the distribution of a deceased person’s assets and financial affairs. When engaging in estate litigation, it’s crucial to be aware of the limitation periods that govern these legal proceedings. In this blog post, we will explore the limitation…
Read MoreWhat Exactly Is Estate Litigation?
Estate litigation is a specialized area of law that deals with disputes arising from the administration of a deceased person’s estate. In Ontario, Estate litigation often proceeds by way of an application for directions, which makes it distinct from other forms of civil litigation. Challenging a Will One of the most common scenarios in estate…
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