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Login to watch this video if you have a subscription. Learn more about subscriptions.This is a discussion about the obligations of a solicitor who prepares a gratuitous transfer of real estate from one family member (usually a parent) to another (usually a child). We consider the impact of Pecore v. Pecore in this context, and look at some recent court cases where inter-generational real estate transactions have been challenged. We argue that such transfers are often testamentary in effect, and that they require the same level of attention to issues of capacity and undue influence as the making of a will.
Brian Gillingham provides comprehensive estate planning advice to help clients identify and implement succession plans through the use of wills, multiple wills, trusts and will substitutes.
Brian also provides guidance to estate trustees during the estate administration process and represents trustees, attorneys, beneficiaries and disappointed beneficiaries involved in contentious estate matters. As part of his wills and estates practice, Brian routinely advises clients on a variety of estate planning structures, including testamentary trusts, spousal trusts, spend-thrift trusts, alter ego trusts, Henson trusts, regulatory trusts and insurance trusts.
In addition to the above, Brian is a member of the firm’s business law and real estate law groups and advises on the following matters:
Brian grew up in the Kingston area and returned to practice following his call to the bar. He articled with the firm in 2011 and previously worked with the Ministry of the Attorney General in Toronto, Ontario.
Mary-Alice Thompson is a Partner with Cunningham Swan, Lawyers in Kingston. She is designated as a Certified Specialist (Estates & Trusts Law) by the Law Society of Upper Canada and she is a member of the Society of Trust and Estate Practitioners. Since being called to the Ontario bar in 1994, Mary-Alice has worked for a trust company, with a major Toronto law firm, and in her own practice, before joining Cunningham Swan in 2010. She has taught at the University of Alberta, Queen’s University Law School, and St. Lawrence College, and for the LSUC Bar Admission Course. She was the founding Chair of the Frontenac Law Association Estates & Trusts Group and is former President of the Estate Planning Council of Eastern Ontario. She is also the author, with Brian Gillingham and Robyn Solnik, of a book on will drafting, Drafting Wills in Canada: A Lawyer’s Practical Guide (LexisNexis, 2016). Mary-Alice has lectured and written on a number of topics in estates and trusts law for the Law Society of Upper Canada, the Ontario Bar Association, the Canadian Bar Association, and the Frontenac Law Association, among others. She particularly enjoys the strange and wonderful quirks of estates law!
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*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.