Top lawyers delve into key cases, potential pitfalls, and mitigating risk for lawyers and clients
This article was produced in partnership with Hull & Hull LLP and WEL Partners.
Joint ownership is a common estate planning tool, but it’s also one of the most contested legal issues in Canada. Courts regularly hear disputes over gifts, rights of survivorship, estate planning, asset control, and financial abuse — making it clear that any missteps in structuring joint ownership can lead to costly litigation and unintended estate outcomes.
According to preeminent estate practitioners Ian Hull, co-founding partner of Hull & Hull LLP, and Kimberly Waley, founding and managing partner of WEL Partners, it’s incumbent on lawyers in this area to understand the key legal presumptions of resulting trust and the susceptibility of joint assets to financial abuse and fraud. To that end, the duo — along with Bryan Gilmartin, partner at WEL Partners, and Suzana Popovic-Montag, managing partner at Hull & Hull — are hosting an upcoming webinar: The Law of Joint Ownership: Navigating Key Legal Developments.
With recent case law highlighting the complex interplay between gift intentions, the presumptions of resulting trust and advancement, and the potential for financial abuse, staying ahead of evolving legal precedents is crucial.
“We’ll review diverging legal treatments of joint ownership across Canadian jurisdictions, understand the presumption of resulting trust and advancement, and identify the risks of joint assets as vehicles for financial abuse,” Hull says, adding that the webinar will provide critical insights and arm attendees with the knowledge they need to navigate this rapidly shifting landscape with confidence.
Legal professionals will learn how to apply recent case law to estate planning and litigation strategies, leaving the session able to effectively advise clients on joint assets and mitigate legal risks.
“It will give those who attend the session an edge going forward,” Hull notes, and Waley agrees.
“Whether you're advising clients on estate planning or navigating litigation involving joint assets, you need to understand how Canadian courts are interpreting joint ownership structures, the historical significance of these rulings, and the potential pitfalls — for both you and your clients,” she says.
Don’t miss this opportunity to join an esteemed panel of legal experts and gain insights into one of the most frequently litigated areas of Canadian law. Secure your spot today.
