Do You Need A Lawyer to Make a Will?

Among the general public, there is a perception that despite being a legal document, creating a will does not require the services of an estate solicitor.  There are numerous do-it yourself kits and online services that offer a “fill in the blanks” approach to creating a will.  As an estate litigator, I usually see when…

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A Child’s Interest in the Family Cottage

Recently, a client came to me regarding the purchase of a family cottage.  The client was obviously excited about his new purchase, and wanted advice as to whether he should include his minor children on title.  As his children would ultimately inherit the cottage, he thought it would be a good idea to include them…

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When is a Loan a Gift?

A father’s intention to gift his children a substantial amount of money and benefit a favoured charity at the same time, albeit indirectly, was at the centre of a recent case decided by the Tax Court of Canada.  The case in question is Benquesus v. Canada [2006] T.C.J. No. 149.  Gift giving has never been…

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