Wills, Estate Planning & Wealth Preservation
- Business Succession
- Certificate of Appointment & Probate
- Estate Planning & Administration
- Power of Attorney
- Trusts
- Wills, Primary & Secondary
Resulting and Constructive Trusts: All About Constructive Trusts
The Constructive TrustA constructive trust is formed by operation of law. It is considered an equitable remedy so as to prevent unjust enrichment, which is when...
Resulting and Constructive Trusts: Types Continued
Good WifeThe Ontario Superior Court of Justice decided in Citi Financial Ltd.v. Zaidi that the transfer of a residential property from a husband to his wife...
Resulting and Constructive Trusts: The Various Types
Resulting Trusts Arising from Mortgage FraudThe Alberta Court of Appeal observed in Luitenko v. McAleer that a resulting trust arose out of mortgage fraud. The respondent,...
Resulting and Constructive Trusts: What are They and What is Their Significance for Real Estate Lawyers?
Important developments have taken place in Canadian jurisprudence from the 1960s relating to interpretation and application of resulting and constructive trusts and more recently, the presumption...
Appointing a legal guardian for the mentally incapable.
To become a court appointed guardian of property; there are two procedures: the “standard procedure” and the “summary disposition procedure”. The second procedure needs two assessments...
YOUR DUTIES UNDER A POWER OF ATTORNEY FOR PROPERTY AND FOR PERSONAL CARE
It is an obligation of the attorney for property to find and read the grantor’s will so as to ensure that assets specifically given in the...
POWER OF ATTORNEY FOR PROPERTY
The common law of agency, broadly speaking, constitute the powers of attorney. This relationship of an agency is established when one person, principal, donor or grantor...
ESTATE TRUSTEE: FREE RADICAL OR LOOSE CANNON?
Having known that the estate trustee authorized by the will is like a free radical (definition: a chemical ion free to do anything), it remains to...
ESTATE LITIGATION: Battle of the Wills
With the Certificate of Appointment of Estate Trustee already in the hands of the supporter, the proceedings to challenge a will cannot be commenced by filing...
ESTATE LITIGATION: Overturning the last Will & Testament of a deceased!
When someone seeks to overturn the last will and testament of a deceased, the proceeding is known as a challenge to a will. Generally, the validity...
