In a recent real estate post, I discussed the need for a survey and why, often, it’s not as critical as it once was. The main reason for this is because of title insurance. Title insurance, in a nice syllogism, insures your title. Basically, it protects you against...
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Fraud by Power of Attorney
A few weeks ago, two people were charged with defrauding an elderly woman in Clearview Township. They managed to commit the fraud through an abuse of a power of attorney. There is a specific Criminal Code offence of theft by power of attorney. Section 331 of the Code...
Common law is not married
Period. End of story. In Ontario, common law spouses may be able to sue an estate for support, but they have no automatic right whatsoever to inherit if there is no will. It is harsh, but it is the law. If you are not legally married and most assets are not in your...
Do you need a survey?
The answer is, sometimes. If you can get a survey, they’re very useful. They can tell you all sorts of things – the legal limits of your property, whether there are any hydro or sewer lines, if there are any easements, even the proper location of a fence or your...
Plan for conflict, and hope it doesn’t happen
A recent TD Wealth survey found that 44% of planning professionals believe that family conflict is the biggest threat to estate planning today. And I think that’s absolutely correct. In my personal experience, the estates that have the most difficulty are the ones...
Don’t Forget Your Furry Family Members
Many of us consider our pets to be members of our family. Some have taken this idea even further, actually left their entire fortune to their pets on their death. An example of this is Karlotta Leibenstein. Ms. Leibenstein was a German countess and multi-millionaire...
Signing paper in a digital world
You’ve completed your offer and any signbacks over email, by signing it electronically. Then you get to the lawyer’s office and see a stack of paper. What’s up with that? In Ontario, lawyers must have original documents signed on paper. While it might be nice to sign...