ARCHIVED BLOG POSTS
2011
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Survivorship Agreements Ontario Real Estate Source By Brian Madigan LL.B. Is it possible to have a survivorship agreement? In fact, one just like joint tenancy but without all the joint tenancy issues. Here's a common question: In the event of joint tenancy, if three owners agree that one of the...
05/16/2011
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Life Estates: Are they Still Useful? Ontario Real Estate Source By Brian Madigan LL.B. Life estates were very popular estate planning tools until the 1960's when they fell into disuse. Typically, it was the husband who made a Will leaving the family home (registered in his name alone because he ...
05/16/2011
Legal Documentation ~ Courts look for Intention! Ontario Real Estate Source By Brian Madigan LL.B. Repeatedly, the Courts are looking to reconstruct the intention of the parties, whether it be a contract between two parties or the intention of the testator in the case of a Will. The overriding p...
05/16/2011
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Is a Holograph Will a Good Idea? Ontario Real Estate Source By Brian Madigan LL.B. How would you like to spend about $50,000 on estate planning? This should get you a good Will and a good plan. Maybe not! Consider the case of Olga Laczova. She was indeed very frugal and accumulated a good deal o...
05/16/2011
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Who Signs for the Estate? Ontario Real Estate Source By Brian Madigan LL.B. This is a somewhat troublesome issue. The quick answer is that it is the Estate Trustee. Frequently, the appointment comes as a surprise to the Trustee and they are not ready to assume their responsibilities. Not all, ar...
05/16/2011
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Joint Accounts ~ Supreme Court of Canada Ontario Real Estate Source By Brian Madigan LL.B. The Supreme Court of Canada recently decided that the law of resulting trusts is the law of the land. Two cases dealing with similar fact situations were considered by the Court. The two cases were Pecore ...
05/16/2011
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Joined Together even after Divorce! Ontario Real Estate Source By Brian Madigan LL.B. You probably never thought of this and it certainly doesn't happen very often, but when it does it definitely causes havoc. Let's take the case of Jim and Wendy. Wendy's parents never really liked Jim. He was a...
05/16/2011
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Keep the House: Get a Marriage Contract! Ontario Real Estate Source By Brian Madigan LL.B. Do you have to give away the house just because you get married? The issue of the determination of the proper division of family assets under the Family Law Act can be confusing. However, the parties can a...
05/16/2011
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Seasonal Residences as Matrimonial Homes Ontario Real Estate Source By Brian Madigan LL.B. Frequently, there is discussion concerning the matter of a seasonal residence andwhether it qualifies as a matrimonial home under the Family Law Act. Let's have a look at the definition and the law and the...
05/16/2011
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Get Married and Get Half the House! Ontario Real Estate Source By Brian Madigan LL.B. That's what happens under Ontario's Family Law Act. It may not be exactly the official story line, but that is theactual effect of the law. If Bill marries Brenda, and she already has a house, if theyboth move ...
05/16/2011
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