Month: November 2020

Implied Trusts; Resulting Trusts, Constructive Trusts and Remedies for unjust enrichment

An implied trust is created without a clear statement of trust by a settlor and rather from an intention presumed or imposed by the courts when a certain set of facts occur. Resulting Trusts A resulting trust occurs where the court presumes a trust was intended. A resulting trust occurs from the legal presumption of …

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Guardianships

One important reason to make a Will is to appoint a guardian and custodian for your minor children, in case you pass away before they reach the age of majority (18 in Ontario). What Can You Do in Your Will? Many people assume that when you name a guardian and custodian in your Will, that …

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What is a Gift?

In McNamee v McNamee, the Ontario Court of Appeal outlined the constituent elements of a legally valid intervivos gift (a gift made during one’s lifetime). For there to be a gift, there must be a: Intention to make a gift on the part of the donor, without consideration or expectation of remuneration; Acceptance of the …

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Passing of Accounts

Passing of Accounts Estate Trustees are required to keep accurate and up-to-date accounts of the estate or trusts they are administering. Obtaining the court’s approval of these accounts is a process known as “passing of accounts”. The court’s approval is not always required, but in certain circumstances a passing of accounts is necessary. These instances …

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