Final Catch All; Family Law Act Etc On Conveyancing

Front 1

Marital Home:

Back 1

Any property in which married couple "ordinarily resident"

Need not be owned by the couple directly: shared ownership of corporation holding the property in which they reside is sufficient.

Front 2

Effects of designating propertiesas marital in the registry:

Back 2

If both spouses designate - then only property designated is marital.

If only one spouse is designating: no effect.

Front 3

Selling marital home: (control possession, encumbrance, or disposition of the home)...

Threshold be no disposition unless:

Back 3

Spouse consents

spouse releases rights

court order authorizing

other prop w/ both spouses designating

Front 4

Prescribed "Spousal Statements" protecting purchaser:

(any one of which sufficient to protect)

Back 4

-transferor is not spouse

-property is not ordinarily occupied as family residence

-spouses separated and property not ordinarily occupied at time of separation

- another property designated

- spousal rights in home have been released under written separation agreement

Front 5

Spousal statements and attorneys:

Back 5

Spousal statements can be made by attorneys, under power of attorney, if made with declaration of personal belief.

Front 6

Change of name act: What can client w/ new (maybe old) name do?

Back 6

1. Change of name application at registry (a pain)

2. Convey to self under old name to self under new name.

Front 7

Joint Tenancy: What happens when one dies under registry and under land titles?

Back 7

1. Registry: simply register proof of death on title: done.

2. Land Titles: Survivorship application, other tenant deleted from title, Statement from lawyer that there was joint tenancy, death on X date, and statement re MATRIMONIAL HOME

Front 8

Death, wills, estate trustees and purchase sale,

What is "certificate of appointment of estate trustee"?

Back 8

Result of probating the will: court order showing beyond doubt that will is effective (and last etc).

certificate of appointment of estate trustee: is equivalent to letters probate or letters of administration.

"Estate trustee" replaces executor and administrator

Front 9

LAND TITLES:

In concluded purchase agreement: When is certificate of appointment not necessary?

Back 9

1. Where property less than 50 K, testator over 18 - not incompetent, certificate of death, affidavit that the will not revoked by marriage or otherwise. (UNCOMMON)

2. First dealing after conversion to Land Titles. Must register copy of will and affidavit saying: conversion, first dealing after conversion, value, proof of death, affidavit saying age of majority and last will.

Front 10

LAND TITLES

When is it necessary to probate (get certificate of appointment of estate trustee)?

Back 10

Almost always.

1. Where there is a will and it is not first dealing after conversion, or property is over 50K.

2. No will? Representative needs to apply for certificate of appointment of estate trustee.

Front 11

Estate Trustee and conveyance of property:

2 documents:

Back 11

1. Document of Transmission: conveys or vests the property in the estate trustee

2. Transfer by personal representative: deeds or transfers to whomever buys.

Front 12

REGISTRY SYSTEM:

Death of vendor: what is required for purchase and sale?

Back 12

Different from land titles: only need:

-register copy of will and evidence of execution

-register certificate of death

Front 13

Power of Attorney:

Back 13

Statute provides protection to third parties relying on authority.

Still, prudent to require copy of the power of attorney and affidavit that the power has not been revoked.

Front 14

Transactions w/ Minors:

Back 14

Voidable at option of minor.

Can't sell land without order of Superior Court of Justice.

Front 15

Corporate Ownership:

Back 15

Statute provides that if corporation is dissolved real estate assets not disposed of forfeited to the Crown.

Corporation dissolved by minister's order may be revived - as if never dissolved. Must occur w/in 20 years. Land subject to right acquired in the interim...

IMPORTANT: transfers by dissolved corporation are void. Breaks chain of title.

(Crown exempt from 40 year limit re registry title searches:) However: business corporations act says no matter if void transfer registered 20 year prior or more. Prof says do the whole 40??

Front 16

Indoor Management Rule:

Back 16

doctrine of ultra vires does not apply. Corporation responsible for person held out as management.

Bona fide purchaser need fear only: where selling all or substantially all of corporation's assets.

Front 17

Purchasing from Partners:

Back 17

All partners should be listed and sign.

Statement from at least one partner that: property is partnership's and held as such.

LLP: must get general partners. Find in constituting documents.