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When Pets Rule Communal Living

Life Lease Occupancy Agreements (“LLOA”) allow individuals to purchase the right to occupy a residential unit and to use the common facilities associated with it, without purchasing title to the unit as would be the case in a condominium. The arrangement has as an added benefit of more security of tenure than is the case […]

Court Sides With Estate Trustee In Fraud Case

Di Michele v. Di Michele, 2014 ONCA 261 (CanLII) is a recent decision that reminds will makers to choose their estate trustees very carefully. The law says that a bankrupt person cannot act as an estate trustee. However, this case reinforces that a prospective estate trustee should also have strength of character, including honesty and […]

Estate Problem Denial

Today, we will look at the fourth of four real-life estate planning scenarios recently presented to me. A colleague contacted me seeking advice regarding an estate planning matter for which she was asked to provide legal services. The prospective client is, apparently, a family friend who refuses to have a will professionally prepared by anyone […]

So Who Will Take Care of Mom?

Today, we will look at the third of four real-life estate planning scenarios recently mentioned to me that will pose a great problem to families in which they unfold … Anne is the eldest of seven adult siblings none of whom are particularly close to each other or their parents. There have been many rifts […]

Estate Disasters Waiting To Happen: Part II

Today, we will look at the second of four real-life estate planning scenarios recently mentioned to me and which threaten future family harmony amongst other issues… A Second Marriage and Secret Love Child Are In the Mix! A man, let’s say his name is Paul, has a number of health complications and has had episodes […]

Estate Disasters Waiting To Happen: Part I

I recently had four estate planning scenarios presented to me that were cause for concern, to say the least. In each of the cases, a plan had not yet been created, but the potential for disaster is looming on the horizon. As I discussed the implications of these different scenarios with a childhood friend, she […]

Are Reverse Mortgages Beneficial for Seniors?

A reverse mortgage is a relatively rare financing technique aimed exclusively at seniors.  In a nutshell, senior home owners borrow against the equity in their principal residence and the principal money is advanced in a single lump-sum or instalments and accrues interest over the period of the term.  No payments are made during the term […]

No Sale Contract, No Deal!

Pilon v Rosu, 2014 CanLII 140 (ON SCSM) is a recently decided court case which illustrates the importance of real estate agents exercising diligent attention to details when negotiating and recording the written terms of a real estate transaction. The plaintiffs, through their agent, made an offer on September 22, 2011, to purchase the subject property […]

Five Steps to Update A Surviving Spouse`s Affairs

When a loved one dies, the tasks that must be under taken to transition the surviving spouse into their new lifestyle as a single person are numerous and thus, can be daunting. They are mostly performed by the estate trustee appointed under the deceased’s will or appointed by a court.  Taking advantage of the opportunity […]

When A Loved One Dies

After a loved one dies, there are many steps to be taken in this new leg of your life’s journey including dealing with one’s emotions, notifying friends and family, arranging the funeral and disposition of body; and settling the deceased’s financial affairs. Some of these steps and related actions will seem obvious; others, you may […]