Tag: property

Tag: property

ESTATES & EQUALIZATION: How the Courts can enforce your Family Law rights

Court OrdersThe court has extensive powers to enforce the equalization order, Family Law Act (FLA) section 9. It can order:Money to be paid;Security to be given;Payment...

Real Estate Law: What the Difference is Between a Condition and a Warranty and Writing the Agreement of Purchase and Sale

One of the most important things I stress to Realtors and purchaser clients is to make sure it is very clear in the agreement of purchase...

ESTATES & INTESTACY: Spousal statutory rights when there is no Will

Continuing the discussion of the effects of a Family Law election on various aspects of estate administration; its effect on intestacy is now reviewed.Effect on IntestacyIn...

Real Estate Law: Easements Affecting Your Property

Simply defined in the Blacks law dictionary, an easement is an interest in land owned by another person, consisting in the right to use or control...

ESTATES & EQUALIZATION: Spouses electing their Family Law rights and the consequences thereof

It cannot be stressed enough how important it is for the surviving spouse to establish his or her entitlement to insurance proceeds and to survivorship benefits...

ESTATES & EQUALIZATION: How can a spouse elect his/her family law rights over a Will

The Equalization ClaimA right for the surviving spouse to make an equalization claim under the Family Law Act (“FLA”), subsection 70(1)(b), is possible only due to...

ESTATES & NFP: How your estate will be impacted by your spouse’s statutory rights

The Impact of the Family Law Act on Estate Administration The administration of estates became very complicated with the enactment of Ontario’s Family Law Act (“FLA”)...

TRUSTS & ESTATES: How your Beneficiaries are taxed

Taxation of BeneficiariesUnder subsection 104(13) of the Canadian Income Tax Act (“ITA”), the income of a trust or estate that is paid or payable to a...

TRUSTS & ESTATES: Transfering assets to your spouse or children

Trusts and AttributionThe attribution rules for trusts, transferors, and so on are given in Subsections 74.1(1) and 74.2(2) of the Canadian Income Tax Act (“ITA”).  These...

More Provisions in the Real Estate Agreement of Purchase and Sale

Spousal consentWhen selling a matrimonial home like a principal residence or cottage, it is always necessary to have the non-title holding spouse consent to the sale. ...