Since starting to build my estate related practice, one of the common questions I get asked is how to organize assets to avoid probate fees or estate tax. The question has often come from the adult children of a parent that are wondering if mom or dad are being smart in their estate planning, as it is often these same children and their siblings that are the beneficiaries of their parent’s estate.
Short answer, No. Or at least that is the answer in the case of Alof v. Ikeno, 2014 ONSC 2087 (CanLII)
In this case, Matheson J. considered section section 267.6 of the Insurance Act in the context of a retroactive denial of motor vehicle insurance coverage by a plaintiff’s insurer on a summary judgment motion brought by the defendant.