Insights/Communiqués/Wealth Matters/June 2016

Wealth Matters

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June 2016

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Morrison Estate (Re): Should Beneficiary Designations be Subject to the Presumption of Resulting Trust?

Sheila Crummey

Introduction The recent Alberta Court of Queen’s Bench case, Morrison Estate (Re), 2015 ABQB 769, considered whether the presumption of resulting trust should be applied to beneficiary designations in respect of registered plans and life insurance policies.  The Supreme Court...

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Trust Interests and Family Law Rights – What Estate Planners Need to Know After Tremblay and Mudronja

Rosanne T. Rocchi

Introduction Since the enactment of the Family Law Act (“FLA”), Courts have struggled with determining, firstly, if and when the interest of a spouse in a discretionary trust qualifies as “property” as defined in the FLA for purposes of equalization...

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