The Integration of Family and Estate Law

Lauren Blake

Introduction Families across Canada hold property in joint tenancy for many reasons - including as a means of simplifying their estate, avoiding probate fees and protecting gifts from challenge under wills variation legislation. However, this is a complex area of law and common conceptions about the rights of joint tenants and the right of survivorship—especially where property is transferred gratuitously—may lead families into muddy waters, with unintended results. Joint tenancies impact many areas of law including property, trust, estate and family law. This paper will trace the development of the law of…

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All Trusts, All the Time – Implied, Resulting and Constructive Trust Claims

Lauren Blake

I.     Introduction The concept of who actually owns an asset arises frequently in the areas of both family and estate law. Families often transfer ownership to real estate and other assets without considering the legal consequences of the transfer. The…

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The Final Step: Passing the Accounts in a Contentious Estate

Lauren Blake

I.       Introduction A.     Then and Now: The Duty to Account All personal representatives and trustees (throughout this paper the term “trustee” represents both a true trustee and personal representative) have a duty to account to persons with…

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