Canada: Estate Management

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Real estate law and construction law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as construction and planning, conveyancing, estate management, land law and agriculture, and real estate law.

Life Just Got Easier For Attorneys For Property. Well, Sort Of.

An Attorney for Property has the "power to do on the incapable person's behalf anything in respect of property that the person could do if capable, except make a will," says subsection 31(1) of the Substitute Decisions Act (Ontario) ("SDA").

GR

Gardiner Roberts LLP

Sneaky Trusts: The Legal Plot Twist With Gratuitous Property Transfers

It is increasingly common for families to make financial decisions aimed at minimizing probate fees and income tax. However, these arrangements can have unexpected legal consequences.

Canada Real Estate

AH

Alexander Holburn Beaudin + Lang LLP

Finality Over Fairness: Tessaro v. Gora, 2025 ONSC 198, A Cautionary Tale In Will Drafting And Limitation Periods

The Ontario Superior Court's decision in Tessaro v. Gora, 2025 ONSC 198, quietly answered a long-standing question among estate planners: what happens when a decades-old drafting error is unexpectedly discovered?

LL

Lerners LLP

A Canadian Tax Lawyer's Updated Guide On Non-Resident Trusts In Canada

Trusts are a common and effective tax planning tool for the distribution of income amongst different recipients.

RS

Rotfleisch & Samulovitch P.C.

Finality Over Fairness: A Cautionary Tale In Will Drafting, Limitation Periods

Canada Real Estate

LL

Lerners LLP

Est-il vraiment possible de faire une donation sur son lit de mort? Qu'en dit le droit québécois?

MT

Miller Thomson LLP

Can You Really Make A Gift On Your Deathbed? What Québec Law Says

MT

Miller Thomson LLP

Just Make Sure There's A Guest Room: How Early Inheritance Can Open The Door To Homeownership

F

Lawyers Financial

Real Property, Real Problems: Probate Planning Considerations For Vacant Or Underused Homes

Canada Real Estate

FR

Fogler, Rubinoff LLP

Jackson v. Rosenberg, 2024 ONCA 875: An Example Of How Using Joint Tenancy As An Estate Planning Tool Can Go Wrong

Canada Real Estate

SL

Siskinds LLP

A Gift That Doesn't Stand The Test Of Time

Canada Real Estate

MB

McCague Borlack LLP

How The 'First Dealings' Exemption Can Save Your Estate Money On Probate Fees

OE

O'Sullivan Estate Lawyers LLP

Demystifying Roles And Responsibilities Of Fiduciaries

OE

O'Sullivan Estate Lawyers LLP

Buying US Real Estate – The US Estate Tax Threshold Is About To Drop – Are You Ready?

Canada Real Estate

LS

Levy Salis

Employee Or Independent Contractor?

MK

Millar Kreklewetz

Canadian Federal Government Releases Hybrid Mismatch And Other Draft Tax Amendments

OH

Osler, Hoskin & Harcourt LLP

Accepting Money From A Spouse With Tax Problems Can Give You A Bigger Problem With CRA: Panneton v. The King (2024 TCC 24)

RS

Rotfleisch & Samulovitch P.C.

The Rise Of AI Scribes: Balancing Efficiency With Privacy In Canadian Health Care

Canada Technology

AB

Aird & Berlis LLP

Evolving Needs For Emerging And High Growth Companies: Seed Stage (Video)

Canada Commercial

OH

Osler, Hoskin & Harcourt LLP

Estate Sales And Executor's Authority

The court has addressed this question in the case of Kulyk v. Kulyk, 2024 ONSC 4213, involving the estate of Nicholas Kulyk, who passed away in 2013.

Canada Real Estate

SB

Sorbara Law

Proposed Changes In The Reporting Requirements For Bare Trusts

Bare trusts are a commonly used legal arrangement wherein the trustee holds legal ownership of assets on behalf of beneficiaries without actively managing or retaining control over those assets.

Canada Real Estate

SB

Sorbara Law

Joint Tenancy And Intentions In Estate Planning: Jackson v. Rosenberg

Joint tenancy is a legal arrangement where multiple people own a property equally together. If one of the owners dies, the property that is owned jointly will pass automatically to the surviving owner(s).

Canada Real Estate

DS

Devry Smith Frank LLP

Case Commentary: Litman v. The King – Does Building Laneway Houses Qualify For The New Housing Tax Rebate Under Subsection 256(2) Of The Excise Tax Act?

Litman v. The King was an appeal before the Tax Court of Canada (Tax Court) brought under informal procedure rules.

RS

Rotfleisch & Samulovitch P.C.

Excluded Assets In Divorce: What's Your Entitlement In BC?

CW

Clark Wilson LLP

Succession To Property Located In Quebec: Deceased Was Domiciled Outside Quebec

Canada Real Estate

D

Dentons Canada LLP

The Perils Of Using Joint Tenancy For Estate Planning (Jackson v. Rosenberg)

Canada Real Estate

GR

Gardiner Roberts LLP

Developer Required To Answer Discovery Questions About Misleading Other Buyers

Canada Media & IT

GR

Gardiner Roberts LLP

Interpreting In Equal Shares Per Stirpes: The Case Of Jonas V Jonas

Canada Real Estate

MG

Minden Gross LLP

Priority Between Builders' Liens + Trustee Fees In A Bankrupt Estate

Canada Real Estate

FL

Field LLP

Snow And Ice Claims – The Occupiers' Liability Amendment Act. 2020 – New 60 Day Period For Notice Of A Claim

Canada Real Estate

RA

Robins Appleby LLP

Blended Families And The Consequences Of Seeking A Court Ordered Sale Of Property

Canada Real Estate

sL

Lawson Lundell LLP

Speculating On Vancouver's Real Estate Market: A Taxing Exercise For Executors

Canada Real Estate

AH

Alexander Holburn Beaudin + Lang LLP

Estate Planning For The Family Cottage…It's Complicated

MT

Miller Thomson LLP

Snow And Ice Claims – The Occupiers' Liability Amendment Act. 2020 – New 60 Day Period For Notice Of A Claim

The Occupiers' Liability Amendment Act. 2020 (the "Act") came into effect on December 8, 2020.

Canada Real Estate

RA

Robins Appleby LLP

Blended Families And The Consequences Of Seeking A Court Ordered Sale Of Property

Second marriages are common. They frequently occur when one or both individuals already have adult children. Sometimes these melded families work and everyone gets along, or at least are pleasant enough to each other.

Canada Real Estate

sL

Lawson Lundell LLP

Speculating On Vancouver's Real Estate Market: A Taxing Exercise For Executors

With experts forecasting a cooling real estate market for the beginning of 2019, some executors may be tempted to hang on to real property that falls within an estate and wait until more favourable market conditions ...

Canada Real Estate

AH

Alexander Holburn Beaudin + Lang LLP

Estate Planning For The Family Cottage…It's Complicated

Estate planning is not an easy task, as families are complicated.

MT

Miller Thomson LLP

Condo Meetings — Tips, Tricks, And Reminders

Canada Real Estate

FR

Fogler, Rubinoff LLP

Who Gets The Farm?

While disputes regarding estate succession in the farming context are common throughout Alberta, reported decisions are less plentiful, given that most matters settle prior to a hearing.

Canada Real Estate

MR

McLennan Ross LLP

More Property In Foreign Jurisdictions Complicates Estate Planning

In an increasingly global and mobile society, where people move between jurisdictions with relative ease, the number of people who acquire property in foreign jurisdictions, inherit foreign property from a relative, ...

Canada Real Estate

OE

O'Sullivan Estate Lawyers LLP

Protecting What Strict Laws Cannot: Supreme Court Uses Equitable Doctrine To Enforce A Promise Made Before The Promisor Obtained An Interest In The Property

In what appears to be the last judgment written by Chief Justice McLachlin before her retirement this past weekend, the Supreme Court of Canada considered the scope of the doctrine of proprietary estoppel.

Canada Real Estate

BB

Babin Bessner Spry LLP

Strata Wind-Up And Sale Process: A Practical Overview

As reported in a previous blog post, the B.C. Strata Property Act was recently amended to make it easier for strata corporations to wind themselves up.

Canada Real Estate

MT

McCarthy Tétrault LLP

Changes To The Human Rights Act And The Impact On Age-Restricted Condominiums

Canada Real Estate

MR

McLennan Ross LLP

Exemptions From Payment Of Transfer Duty For Partnerships

Canada Real Estate

BB

BCF Business Law

Youth At Large: Determining Curfews In The NWT

Canada Real Estate

MR

McLennan Ross LLP

How Do Strata Owners Split The Proceeds When Selling To A Developer?

Canada Real Estate

CW

Clark Wilson LLP

Significant New Obligations Imposed On Apartment Buildings In Toronto: What Landlords Need To Know

Canada Real Estate

TM

Torkin Manes LLP

Property Management Companies Must Use Lawyers To Register Liens

Canada Real Estate

MT

Miller Thomson LLP

Monthly Tip - June 15, 2017

Canada Real Estate

MT

Miller Thomson LLP

Fixtures Filing – Mysteries Solved

Canada Real Estate

BM

Blaney McMurtry LLP

Personal Real Estate Corporations

Canada Real Estate

BM

Blaney McMurtry LLP

Licences And Easements – A Distinction With A Big Difference

Canada Real Estate

MT

McCarthy Tétrault LLP

Panic In Wychwood Park?

Canada Real Estate

WL

WeirFoulds LLP

Ontario Introduces A Non-Resident Speculation Tax

Canada Real Estate

CS

Crowe Soberman LLP

Condo Adviser Digest: April 2017

Canada Real Estate

GW

Gowling WLG

Insurance Deductible By-Laws Under The New Act – Will They Be Grandfathered?

Canada Insurance

FR

Fogler, Rubinoff LLP

Strata Corporations Can Now Terminate With An 80 Per Cent Vote

Canada Real Estate

GD

Gehlen Dabbs

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