All posts in the ‘Estate Planning’ category

Did a recent Court of Appeal decision ‘water down’ discretionary trusts?

A discretionary trust is an important estate planning tool for many purposes.  One purpose is to protect an inheritance for a person with a disability, and to ensure the continuing availability of social assistance for that person.  The Court of Appeal recently considered a discretionary trust in the context of an applicant for rental assistance… View this post »

Court Rejects Disinheritance of Children based on “Invalid” Reasons

“Testamentary freedom” is the notion that a will-maker (or “testator”) is entitled to divide her property upon death however, and to whoever, he or she sees fit. In certain circumstances, however, statutes and courts in British Columbia and other jurisdictions have limited this freedom, by requiring the will-maker to provide for certain beneficiaries in the… View this post »

High evidentiary threshold to rebut the presumption of resulting trust

I blogged a few years ago on the old law of presumption of advancement and new law of presumption of resulting trust established in the landmark Supreme Court of Canada Pecore decision. Click here for my previous blog. The presumption of resulting trust applies in estate contexts when a parent gratuitously transfers his or her… View this post »