Articles 2019

Trust law can be difficult enough, but the Land Registry Office’s current approach to registering trusts (or refusing to do so) has further complicated matters, potentially obscuring the true ownership of land. This article explores the difficulties of the current treatment of trusts in the land titles system, and where that leaves lawyers interacting with the system.

When used properly, a hotchpot clause can equalize beneficiaries for a parent’s prior unequal treatment, promote fairness, and potentially reduce the prospect of estate litigation. But, these clauses require careful consideration and detailed information from the testator. Learn what a hotchpot clause can apply to, how exactly one brings past gifts or loans “into hotchpot,” and some issues to consider when drafting.

The OBA’s Dinner with Senior Estate Planners is one of the most popular estate planning events of the year. In this article, one attendee highlights a few of the reasons for its success, and summarizes some key insights provided by the panelists.

When can a tenant also be an owner? This article looks at the recent case of Warraich v Choudhry et al, where the Superior Court answers that question, and examines a complicated landlord-tenant and co-owner relationship that engaged issues of oral agreements over land, contract interpretation, constructive trust claims, and accounting issues.

A review and analysis of the current law regarding mutual wills, including how they differ from mirror wills, their legal requirements, and how the intended beneficiaries can seek enforcement of their terms. This article also examines the recent case of Nelson v. Trottier where the court examined when a constructive trust will arise to protect the beneficiaries' interests.