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August 2019

The risk of joint ownership of property as an estate planning tool

It is not uncommon for a parent to decide to hold property in joint tenancy with one or more adult children in joint tenancy as an estate planning tool. A parent may transfer title to a property into joint tenancy with a child with the intention that the child will become the sole owner of the property on the parent’s death, thereby avoiding probate fees associated with the property being held as part of a joint estate. However...

Insolvency and Deceased Persons - Part 2

In Part 1 we discussed the factors to be considered in deciding whether to deal with a deceased person's insolvent estate under either the Wills, Estates and Succession Act ("WESA") or the Bankruptcy and Insolvency Act ("BIA"). In this concluding part, we will discuss the court proceedings in general terms under the WESA and the BIA.

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