CLE - The Intersection of Estate Planning, Estate Administration and Real Property – Advanced

Live Session Recording Date: October 21, 2025

An overview of survivorships, transmission applications, transfers by personal representative

Land transfer tax considerations for each scenario:

• a sole beneficiary
• a named beneficiary
• multiple beneficiaries where they take equally
• multiple beneficiaries where property not taken equally

An introduction to mortgages post death

• whether they stay with the property – i.e. responsibility of the beneficiary or the estate?
• any requirement to pay them out?

Nominee planning

• considerations
• Declarations of Trust
• New annual reporting requirements to advise clients about when title is held by a nominee rather than personally

The importance of title searches during the planning stage

• how property searches can now be done without a Teraview licence by any clerk through the new OnLand website
• What to look for on a Parcel Register
• How to determine if a property qualifies for a first dealings exemption (no probate required),
• Joint tenants, tenants-in-common and trustees

Off title transfers of beneficial ownership – what is it, how and why is it done.

• What is required by the Ministry

Presented by: Sandra Arsenault, Senior Law Clerk, Torys LLP

CLE Credit - 1 hour