May 15, 2025
Many people in the midst of planning their estate consider adding an adult child as a joint owner on a bank account as a straightforward way to avoid probate taxes and to ensure what they expect will be a smooth transfer of funds after death. In fact, many clients tell us that their deceased parent received explicit advice from their bank that adding an adult child as a joint account holder is an appropriate probate planning strategy. However, relying on joint accounts to transfer inheritance to your children can carry legal complexities that are misunderstood and can lead to unintended consequences.
Under Ontario law, naming an adult child as a joint account holder does not automatically mean that the child becomes the rightful owner of the funds upon the parent’s death. Unless there is clear evidence that the parent intended to gift the funds outright to their child, the law applies what is known as the presumption of resulting trust. This is a legal principle that when a parent transfers property to an adult child without receiving value in return, it is presumed the child is holding the property in trust for the parent’s estate, not as a personal gift. In practical terms, unless the child can prove that the parent intended a true gift, the funds in the account may be treated as part of the estate and are subject to probate.
Disputes typically arise when one child is added as a joint account holder and, after the parent’s death, claims the funds as their own. Other beneficiaries may object, arguing that the account was intended for estate purposes or convenience only. The presumption is that the funds were being held in trust for the estate. Meaning, without clear, contemporaneous evidence of a gift, these cases will often result in lengthy and costly litigation.
These disputes can delay estate administration, trigger court applications, and lead to fractured family relationships. Legal costs pursuing litigation can erode the very funds the joint account arrangement was intended to preserve.
When assessing whether the funds in a joint account are held in resulting trust, courts will consider factors such as: who deposited the funds; how the account was used; whether the deceased retained control; and any written or verbal statements made about the account. Where the evidence is unclear or contradictory, the surviving joint account holder often faces an uphill battle to prove a gift was intended.
Joint accounts can be an appropriate estate planning tool, but they should be used with care and proper documentation. What appears to be a simple banking decision can have far-reaching legal consequences.
Cara Zacks
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
May 12, 2025
In today’s financial and legal world, wire transfers are a routine part of many transactions – whether it’s settlements, estate distributions, or real estate transactions. With the growing convenience of wire transfers, it is important to stay alert and informed about cybercrime and to take the necessary steps to protect your funds throughout the process.
Wire fraud usually happens when criminals impersonate a trusted person or organization, typically through email or other electronic means, to trick people into transferring funds to an unauthorized recipient. These scams often take the form of phishing emails that appear to come from someone to you know, like a lawyer or team member, asking about changes to bank details or requesting urgent action unexpectedly on a wire payment. As these scams become more sophisticated, it’s important to stay alert and carefully review any financial emails. Even if they seem convincing, taking a moment to verify can help protect you.
While cybercrime is a growing concern in many fields, there is good news: with the right systems, precautions, and habits in place, we can minimize the risks!
Steps We Take to Protect Your Transactions
Our firm takes a proactive stance on cybersecurity and fraud prevention. Below are key steps we take to help protect your transactions:
Verifying Wire Instructions
We will call you to confirm your wire details using a phone number we know and trust. We encourage you to do the same. If anything seems unusual, please contact us immediately.
Ongoing Education and Policies
Our staff and IT have regular discussions on best practices for cybersecurity and fraud prevention strategies. Additionally, we have internal policies in place to ensure we consistently take an active approach to keep your transactions running smoothly and securely.
Account Oversight and Monitoring
All transactions are carefully reviewed, and only authorized members can initiate or approve wire transfers. We also monitor accounts daily to identify any suspicious activity.
How You Can Help Protect Your Transactions
Here are a few simple recommendations to protect yourself:
- Be mindful of unexpected emails: If an email about a transaction feels unusually urgent or unexpected, take a moment to call us and confirm, and always double-check the sender’s information.
- Avoid clicking on unfamiliar links: If you are ever unsure about an email with a link, please reach out for confirmation.
- Take your time: Slow down and read through all emails carefully – especially ones that seem out of the ordinary.
- Use strong passwords: Protect your email account with a strong, unique password. If possible, activate two-factor authentication to provide additional security.
While cybercrime is an unfortunate reality of our modern age, taking thoughtful precautions and maintaining clear communication can make a meaningful difference in keeping your information and transactions safe. Casey & Moss is committed to protecting your interests every step of the way!
Emilia Szczepkowski
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Apr 25, 2025
When someone is appointed as an executor of an estate or as an attorney under a Power of Attorney, they are usually provided with one original Will or Power of Attorney document signed in wet ink by the testator or principal. This document is known as the “original.” While acting in your role as executor or power of attorney, you may be asked to produce the original Will or Power of Attorney to prove that you are authorized to act on behalf of the Estate (if probate has not yet been received) or another person (for attorneyships). These requests usually come from financial institutions, healthcare providers, or the Canada Revenue Agency. Because there is only one original document, it is important to avoid giving it away permanently. A solution to this is to have notarized copies made.
What is a notarized copy?
A notarized copy of a document is a true copy of an original, meaning that the copy is verified to match the original exactly. This is done by a notary public (usually a lawyer or government official). A notarized copy includes a notarial certificate on the first page, which states the name of the notary and their attestation that the copy is a true copy of the original document. The certificate is signed by the notary and embossed with a red stamp called a “notary seal”. In most cases, a notarized copy holds the same validity as the original document. However, there are some circumstances where a notarized copy cannot be used (i.e. when you are applying to the court for probate).
Generally, our clients find it helpful to obtain several notarized copies of any original documents they hold, such as death certificates, original wills, powers of attorney, and probate certificates.
Stacie Chrysanthopoulos
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Apr 11, 2025
If you’re gearing up to write the Ontario Bar Exam, you might be feeling a little anxious or overwhelmed. You’re not alone. These materials are notoriously dense, and these exams require a unique kind of preparation compared to traditional law school exams. Here are some tips to help you stay focused, stay sane, and ultimately, pass.
Organize Your Materials and Supplies
Most candidates are responsible for printing their own materials, so your first decision will be how you choose to organize them. Some test-takers use binders, but I chose to coil-bind each subject into its own booklet. This tends to be the most common method, as the smaller booklets are lighter and easier to flip through.
Once you’ve handled the printing, you’ll need to purchase tabs and multi-coloured highlighters. However many highlighters you think you’ll need, double it. Then create a highlighting system that makes sense to you. For example, many candidates highlight limitation periods in a distinct colour.
It’s best to print and organize your materials right away because unless you’re under a severe time crunch, it’s better to do all of your reading on the printed pages rather than on a PDF. This way you can highlight and tab important pages as you go.
Make a Study Schedule
This will be trickier than you think, especially if you’re writing both exams back-to-back.
First, you need to determine how much solicitor material you’d like to cover before writing the barrister exam. This is a double-edged sword: the more you cover in advance, the less fresh it will be in your mind on exam day. However, it would be highly inadvisable (and in my view, practically impossible) to try and cover all of the solicitor material in the two-week period between the two exams. Find a healthy balance.
Then, you’ll need to calculate how many pages you need to read per day. This material is incredibly dense, so try not to pick an unmanageable goal. You’ll want to build in flexibility for slower reading days and faster reading days. Based on the courses you took in law school and your general interest in different areas, some subjects will take a lot more time to get through.
Finally, decide how many days you want to leave at the end for practice (more on this below).
Read the Materials
Be prepared to spend several weeks per exam reading through these materials. Try to stick to your study schedule, but don’t hesitate to adjust it as needed.
This will be challenging. It’s easy to forget to prioritize your well-being, but no one does their best work when they’re exhausted. As you go through these materials, make sure to sleep, eat well, exercise, and take breaks. Keep in touch with supportive friends and family members and don’t put your mental health on the back burner.
Practice Practice Practice
Carve out several days (or more) in your study schedule for practice exams. This will be the most important part of your preparation. You will want to do these in the days leading up to the test, after you’ve read all of the material.
The time crunch on these exams is intense, so practice under timed conditions as much as possible. This will also help you develop time-saving strategies. Knowing when to move on from a question, even if you’re not completely sure about your answer, is an invaluable skill.
Write the Exam
Just like any other exam, make sure to sleep well the night before, eat a balanced breakfast and, above all else, arrive early. Review the LSO website in detail on arrival times and permissible items. Bring a good snack or two.
Finally, remember: you don’t need to be perfect, you just need to be prepared.
Colleen Dowling
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Mar 27, 2025
We are delighted to announce that Casey & Moss LLP partners Angela Casey, Angelique Moss, and Laura Cardiff have been recognized in the 2025 Canadian Legal Lexpert® Directory as leading practitioners in Estate & Personal Tax Planning – Estate Litigation. We are honoured to receive this recognition once again this year. We sincerely thank our peers, colleagues, and Lexpert for this recognition!
