Is it a Gift?
May 5, 2021 By Brian Babcock If you want to avoid having your estate consumed in lengthy and expensive law suits, you need to take care that your intentions are clear. Sometimes the most important estate planning that you do takes place outside your lawyer’s office. In those circumstances especially, making your intention clear is […]
When Trustees Disagree
April 6, 2021 By Brian Babcock No one establishes a trust, or makes a will, intending to have it result in disagreements or law suits. That is one of the reasons why people are best advised to have a lawyer prepare their wills or other legal documents. Lawyers are trained professionals who know how to […]
I’ve Got a Secret
March 21, 2021 By Fhara Pottinger A trust created to take effect after you die must usually be in writing, because it forms part of your will, and in Ontario, the Succession Law Reform Act requires your will to be in writing. Sometimes, you might think about creating a secret trust, or its close relative […]
A Trust with a Purpose
March 3, 2021 By Brian Babcock As discussed in our article What is a Trust?, a trust usually requires one or more beneficiaries – people who are entitled to the benefits of the property legally owned and controlled by the trustee. Sometimes, however, people who create a trust wish to do so to benefit a […]
What is Proprietary Estoppel?
February 14, 2021 By Brian Babcock Proprietary estoppel is an equitable doctrine which developed historically to prevent people from reneging on promises related to interests in land. The Statute of Frauds requires any dealing with interests in land to be in writing. In real life, people sometimes do not comply with this rule; if a […]
Trusts or Powers?
January 31, 2021 By Brian Babcock No, not a super hero story. We have discussed what a trust is, and compared it to various other relationships in earlier articles. A trustee always is given certain powers, whether by will, other document creating the trust, or under the Trustee Act. Common powers include the powers to invest, […]
Errors of the Parents
September 29, 2020 By Brian Babcock According to a recent Superior Court decision in estate litigation “the errors of the parents are oft visited on their descendants.” Disagreements created by bad estate planning decisions often lead to costly law suits which do nothing to promote family harmony. There is a reason why Charles Dickens’ classic novel […]
Trusts, Gifts and Family Law
August 14, 2020 By Brian Babcock It is important to know whether a transfer of property within a family is intended to be a gift or to create a trust. In particular, this can have significant impact on division of property in family law. The recent Court of Appeal case of Kent v. Kent began as […]
What is a trust?
July 29, 2020 By Brian Babcock Every time I tell someone I will be teaching Trusts in January, I get the question back, “What is Trusts?” Since Trusts are an important part of everyday life, and not just for lawyers, I thought I ought to post an answer. The origins of trusts date back to before […]
So You’re an Estate Trustee, Now What?
July 22, 2020 By Margaret Waddington This article provides a brief introduction to your role as Estate Trustee. An Estate Trustee was formerly known as an Executor or Executrix. You may have become an Estate Trustee because you were named in a Will. If there was no Will, an application can be made to the […]