Everyone knows what a Will is. Most people agree that they should have one yet approximately one half of all Canadians do not. Your Will may be the single most important document you ever sign. Reasons for having an up-to date will include the following:
Self-determination
The most obvious reason that you should make a will is to ensure, as much as possible, that your estate is distributed in accordance with your wishes. Your will guides your loved ones and can reduce or eliminate disagreement. In Ontario, if you are married and …

The law on Caveat Emptor was summarized in 1960 by Professor Bora Laskin as follows:
“Absent fraud, mistake or misrepresentation, a Purchaser takes existing property as he finds it, whether it be dilapidated, bug-infested or otherwise uninhabitable or deficient in expected amenities, unless he protects himself by contract terms.”
Bora Laskin rose to sit on the Supreme Court of Canada as the Chief Justice of that Court. However, the extremity of that Statement has now been modified by Statute and Common Law. The general principal of Caveat Emptor remains the governing principle …

I frequently get asked by clients to outline the differences between a purchase of a resale home and a purchase of a new home from a Builder.
From a legal point of view, the most significant difference is the Agreement of Purchase and Sale itself. In other words, the contract is the difference. The contract in the purchase of a resale home is one your real agent will go over with you and one that has many traditional answers pursuant to the law that has developed around that Agreement.
When you purchase …

Jointly held assets, whether real estate, bank accounts or other investments are not part of the Estate. There is a right of survivorship and by law the asset becomes the property of the surviving joint owner, regardless of what the Will says or whether or not there is a Will. Probate fees are not payable on the value of such assets, and ownership can pass without the necessity of a Certificate of Appointment of Estate Trustee with a Will (formerly called Letters Probate). If a client arranges his or her …

One of the goals many people have in Estate Planning is to minimize taxes and other estate administration costs such as probate fees. The purpose of probating a Will is to establish the authority of the personal representative to deal with the estate assets. Although the authority of Executors (now called “Estate Trustees”) stems from the Will, financial institutions and other third parties sometimes require judicial confirmation that the individual purporting to be the Estate Trustee has proper authority. Where there is a Will, the court is simply verifying that …

If you are actively involved in the leadership of a church or charity that is not currently incorporated, then chances are that the issue of incorporation has been a discussion item on the agenda of more than one meeting. Leaders of unincorporated churches and charities have often heard that it is prudent from a legal standpoint to conduct the activities of a church or charity through a corporation, but are unclear as to the reasons why incorporation is a prudent course of action. When considering whether to incorporate …