Family Trusts and Real Property
The recent announcement from the Federal Government regarding an increase in the capital gains inclusion rate for individuals, trusts, and corporations has sparked significant discussion. This policy change will likely have widespread implications for asset management strategies. One area of particular interest is the creation of family trusts in Ontario to hold real property. While […]
Unlocking the Door to Your Next Chapter: Can I Force the Sale of the Matrimonial Home?
When couples part ways, the shared ownership of a matrimonial home often becomes a contentious issue. In Ontario, the law recognizes two forms of co-ownership: joint tenancy and tenancy in common. Joint tenancy implies that both parties own the entire property, with the surviving partner gaining full ownership upon the death of the other through […]
What Does a Real Estate Lawyer Do to Close Your Home Purchase?
If you are purchasing a home in Ontario, you likely know that you should retain a real estate lawyer to close the transaction for you. What you may not know, however, is what steps your real estate lawyer will take to close the transaction. Below is a very brief overview of the steps that your […]
What Happens When Someone Dies with Debts?
This is often a question that arises when someone dies with debts and the estate trustees are at a loss as to what to do with such debt. It is important that the estate trustees are aware of the debts to meet the demands of the creditors out of the estate of the deceased. The […]
Part of the Journey: a Letter of Intent
Every story has to start somewhere. When buying or selling a business, the journey usually begins with a well drafted letter of intent. A letter of intent or LOI sometimes also called a memorandum or letter of understanding or term sheet reflects the parties general understanding as to the principal terms and conditions upon which the […]
Social Media and Digital Assets
In this day and age, social media is at the forefront of everything – it’s where people obtain news, it’s where people spend numerous hours of their day unwinding, catching up with old friends, and getting updates on life events. When someone passes away, however, not many people know what happens, or can happen with […]
Tax Season – A Good Time to Look Over Your Will
Clients frequently ask how often they should update their Wills. We generally suggest that when clients sit down to do the oh so fun task of filing their taxes and gathering their relevant paperwork, that they take a few minutes to review their Will as well. During this review, it is important to consider any […]
What is a “Tax Sale”?
A tax sale is a sale process used by a municipality, in order to recover property tax arrears that have remained outstanding for at least 2 years. The municipality will first register a Certificate on title to the property as confirmation of property tax arrears by the owner for two (2) years prior to the […]
How is Capacity Assessed When Making a Will or Appointing a Power of Attorney?
If someone wishes to make a Will or appoint a Power of Attorney, they must have the requisite capacity. The determination as to whether someone has this capacity at law is time and task specific, and different from medical tests for capacity. The considerations for capacity at law are also different when making a Will […]