Probate planning and joint ownership, part one

By Jennifer Corak (December 1, 2023, 11:54 AM EST) -- In Ontario, probate planning is a common topic of discussion between estate planning lawyers and their clients. There are several often-used strategies that can reduce exposure to probate fees on an individual’s death. That said, the suitability of each strategy must be assessed on a case-by-case basis. A recent Ontario Superior Court of Justice case, Jackson v. Rosenberg, 2023 ONSC 4403 (Jackson), reminds us of this. This case involves a review of the law relating to the presumption of resulting trust, the requirements to establish a gift, consideration of what it means to make a gift of the right of survivorship and a review of the law relating to mutual wills....
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