Tax

Disjointed rights part one: Two similar cases, two different rulings.

(February 2008) An issue which perennially rears its ugly head is the topic of joint ownership of assets, specifically “joint tenants with right of survivorship,” or JTWROS for short. Under a JTWROS account, which is available in all provinces other than Quebec, upon the death of one of the joint owners the property in the […]

January 31, 2008

5 min read

Disjointed rights part two: What’s your client’s intention?

(February 2008) In part one, we discussed the first of two Ontario Court of Appeal cases (Pecore v. Pecore, 2005 CanLII31576 [ON C.A.]) involving joint accounts that the Supreme Court of Canada heard last May. In part 2 we will be discussing Saylor v. Brooks, (2005 CanLII 39857 [ON C.A.]), which surprisingly came to a […]

January 31, 2008

4 min read

The joint tenancy trap: Joint names no longer ensure ownership

Joint ownership is nothing new. In fact, it’s as common a practice as naming beneficiaries in registered plans and life insurance. Still, in this day and age, the joint tenancy snafu can be one of the biggest traps in personal financial planning. In my practice, I get a lot of questions from financial advisors across […]

By Sandy Cardy |January 31, 2008

10 min read

Determining inheritance is a matter of timing

(December 2007) When it comes to determining entitlement to an inheritance, nothing rings more true than the old adage, timing is everything. Back in 1991, Nora Mulligan’s will stated that the three adult children from her first marriage would get whatever money she had at her death, while her husband would continue as surviving joint […]

December 24, 2007

2 min read