Wills, Trusts & Estates
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August 26, 2025
Was father’s money for children to buy house a gift or loan?
Despite the recent market decline in Ontario, the high cost of real estate often pushes families to join together to fund down payments. In such circumstances, the legal consequences of commingling family funds may blur the lines between generosity and expectation.
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August 25, 2025
Increased judicial intervention to correct unfairness at key tribunals
Ontario’s administrative tribunals are facing increased scrutiny by the courts for unfairness in dismissing claims brought by tenants, landlords, employees, car accident victims and people who believe they have experienced discrimination or are seeking disability benefits.
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August 22, 2025
Estate planning: Ongoing income streams after death
For individuals benefitting from the payment of royalties, it is not uncommon for those payments to continue after death, which gives rise to considerations in the estate planning and estate administration contexts. The most prominent example in recent years may be that of Michael Jackson, recognized by Forbes as the highest-paid dead celebrity in 2024 and in several years prior — royalties earned from MJ: The Musical alone certainly bolstered the bottom line.
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August 21, 2025
‘Inadequate’ pay deters outstanding jurists from federal bench; $28,000 boost needed: commission
Canada’s 1,198 federally appointed judges should get a substantial lump sum salary increase — $28,000 — as their pay package is no longer enough to attract “outstanding” private bar lawyers to the bench, says the federal Judicial Compensation and Benefits Commission, echoing warnings made by federal judicial leaders over the past few years.
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August 20, 2025
WILLS - Variation
Appeal by Erich from order of the Supreme Court of British Columbia. Robert had four children, Kyle, Brian, Renee and Ronald. Brian and Renee predeceased Robert. Ronald was not a party to the appeal. Erich was Brian’s son. Robert and Erich had a strained relationship.
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August 19, 2025
Determining value for corporate beneficial ownership registers
Recently enacted legislation requires additional reporting of beneficial ownership for private company shares, including as regards shareholders that are trusts. In order to comply, one criterion to determine is whether an ownership interest has sufficient value to be reported, an area where the legal rules combine with business valuation principles to arrive at the correct reporting position.
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August 14, 2025
DEI dilemma: U.S. state bars grapple with DEI programs, language amid legal threats
State bar leaders across the U.S. are wrestling with whether to stand firm on their diversity, equity and inclusion (DEI) programs or quietly rework programs and language as they face rising political pressure and potential legal challenges.
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August 14, 2025
Understanding procrastination when it comes to estate planning
We all procrastinate by delaying or putting off tasks. Contrary to popular perception, it’s caused by fear or anxiety, or as a way to cope with unpleasant emotions, not laziness or indolence.
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August 13, 2025
Validation denied: Pour-over will clauses in Canada
Pour-over will clauses are a popular estate planning tool in the United States — when included in a will, they “pour” part of the estate, usually the residue, into an existing inter vivos trust. Despite their popularity south of the border, pour-over clauses are not recognized as valid in much of Canada.
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August 13, 2025
Frye estate ruling highlights risks in shareholder agreements
Shareholders’ agreements often include restrictions on the shareholder’s ability to transfer their shares without the approval of other shareholders. This is particularly common in the case of owner-managed and closely held corporations, where the shareholders are keen on preventing unwanted third parties from acquiring shares of the corporation. Shareholders’ agreements for these types of corporations therefore tend to limit the persons to whom, and circumstances under which, shares may be transferred.