The Law of Resulting Trusts What happens to jointly owned assets following the death of one of the joint owners? In the normal course, full ownership passes to the surviving owner.[1] However, this result may seem unfair where only one of the owners paid for the property or, in the case of bank accounts, only […]
I just finished watching Mrs. America, the recent TV series that chronicles the fight by women in the 1970s to enshrine the Equal Rights Amendment (ERA) in the US Constitution. First proposed in 1921, the ERA sought to mandate equality between men and woman. In 1972, Congress passed the ERA, but they could not obtain
When a parent transfers property to a capable adult child without getting anything in return, the law does not assume this is a gift. Instead there is a (rebuttable) presumption that the child holds this property in trust for the parent (called a resulting trust). But what happens when that property is a matrimonial home
A will allows an individual to decide in advance who will administer her estate and who will receive her assets when she dies. Testamentary freedom is guaranteed to all Canadians, meaning we are free to choose who will benefit from our estates: family members, friends, pets, charities, or our favourite sports team. (Note that most
During the course of litigation, you may run into a situation where money is “paid into court.” Paying money into court is a way of protecting funds while the litigation is ongoing or until a minor reaches the age of majority. For example, where there is a dispute about who is entitled to insurance proceeds,
