McMurter & Associates

Common-Law Parents in Ontario: Why You Need a Will and Estate Plan for Your Children

Wed, 02 Sep 2026 02:00:00 +1000

Common-law partners in Ontario don't automatically inherit from each other under the province's intestacy rules, and a will is how each parent can document who should have decision-making responsibility for their children if both parents die. Without a wi

Should You Add Your Spouse to Your Home’s Title After Marriage in Ontario?

Thu, 30 Jul 2026 06:00:00 +1000

Getting married does not automatically add your spouse to your home’s title in Ontario. Learn what changing ownership means and the legal considerations involved.

Merging Property and Assets: Legal Tips for Newlyweds

Tue, 30 Jun 2026 04:00:00 +1000

Marriage changes how couples think about money, property, and long-term planning, but it doesn’t automatically merge assets or update legal documents. This article explores common estate planning mistakes newlyweds make, what documents matter most,

Five Ways Common-Law Couples in Ontario Can Protect Each Other

Fri, 29 May 2026 00:00:00 +1000

Common-law partners in Ontario don't automatically inherit from each other. Learn five estate planning steps — wills, property ownership, beneficiary designations, and powers of attorney — to protect your partner.

Do Common-Law Partners Inherit in Ontario? What Happens Without a Will

Sun, 26 Apr 2026 02:00:00 +1000

Common-law partners don't automatically inherit in Ontario. Learn who gets the estate without a will and how to protect your partner.

Buying a House with Your Common-Law Partner in Ontario: Legal Risks

Tue, 24 Mar 2026 01:00:00 +1000

Buying a home with a common-law partner in Ontario isn’t just a financial decision—it’s a legal one. Unlike married couples, common-law partners don’t have automatic rights to property division, and ownership is typically determine

Living Together in Ontario: What Co-Habitating Couples Need to Know About Real Estate

Wed, 25 Feb 2026 00:00:00 +1000

Living together in Ontario doesn’t guarantee the same legal protections as marriage — especially when it comes to real estate. If only one partner is on title and there’s no will in place, the surviving partner may have no automatic righ

Estate Administration Tax and Capital Gains in Ontario: How Planning Ahead Can Reduce Probate Fees

Sun, 25 Jan 2026 11:00:00 +1000

Learn how Ontario's Estate Administration Tax and capital gains tax differ, and how early estate planning can help reduce probate fees for your family.

What to Do When a Loved One Passes Away in Ontario: A Step-by-Step Guide

Thu, 25 Dec 2025 05:00:00 +1000

Losing a loved one comes with legal and administrative steps that can feel overwhelming. Learn what to do in Ontario — from registering the death to probate, estate administration, and when to call an estate lawyer.

What Happens to Your Home When You Die in Ontario?

Mon, 01 Dec 2025 03:00:00 +1000

Learn what happens to your home after you die in Ontario, and how your will, how you hold title, and estate planning can protect your property.

Property Liens and Encumbrances in Ontario: What Buyers and Sellers Should Know

Tue, 28 Oct 2025 08:00:00 +1000

A lien is a financial claim on a property that secures a debt, such as a mortgage, unpaid taxes, or an unpaid contractor. An encumbrance is any legal limit on a property, including liens, easements, and restrictive covenants. In Ontario, sellers typica

Virtual or In-Person Closing? Why a Local Real Estate Lawyer in Durham Region Matters

Tue, 30 Sep 2025 03:00:00 +1000

Yes, you can sign your real estate documents remotely in Ontario with an online connection that includes video and a compatible program. At McMurter & Associates in Whitby, clients choose remote or in-person appointments, but a local lawyer adds Durha

Digital Assets and Estate Planning in Ontario: What You Need to Know

Tue, 26 Aug 2025 04:00:00 +1000

Digital assets are anything you own or use online, including online banking, social media, email, cloud storage, subscriptions, loyalty points, and cryptocurrency. To protect them in Ontario, make an inventory, name a digital executor in your will, docume

Gifting Real Estate to Your Children in Ontario: Taxes & Legal Considerations

Fri, 25 Jul 2025 01:00:00 +1000

Thinking about gifting real estate to your children in Ontario? Learn how capital gains tax, land transfer tax, and the principal residence exemption apply before you transfer ownership.

Helping Your Child Buy a Home in Ontario: Co-Signing, Joint Tenancy, and Bare Trusts

Fri, 04 Jul 2025 06:00:00 +1000

Parents in Ontario can help a child buy a home by gifting a down payment, co-signing or guaranteeing the mortgage, or going on title with them as joint tenants or tenants-in-common. Each option carries different legal, tax, and borrowing risks, so parents

Closing Costs Breakdown for Ontario Real Estate Transactions

Thu, 24 Apr 2025 01:00:00 +1000

Buying your first home is a major milestone — and while saving for your down payment is likely top of mind, it’s important to plan for additional expenses known as closing costs. These costs can add up quickly and often catch first-time buyers off guard, but being prepared can help you avoid surprises on closing day.In this post, we’ll walk you through the typical closing costs involved in an Ontario real estate transaction, including legal fees, title insurance, and out-of-po...

The Role of a Real Estate Lawyer in Refinancing Your Home

Wed, 02 Apr 2025 01:00:00 +1000

Interest rates, debt consolidation, and accessing home equity are common reasons homeowners choose to refinance their mortgages. A real estate lawyer plays

Ontario Zoning By-Laws Explained: What to Know Before You Buy, Renovate, or Invest

Wed, 05 Mar 2025 13:04:00 +1000

Zoning by-laws are municipal rules that control how land can be used in Ontario, such as residential, commercial, industrial, or agricultural use, along with building types, lot sizes, heights, parking, and setbacks. If your pl

The Biggest Estate Planning Mistakes in Ontario (and How to Avoid Them)

Thu, 20 Feb 2025 02:00:00 +1000

The most common estate planning mistakes in Ontario are not having a will, not updating it after major life changes, failing to name beneficiaries on eligible accounts, not planning for incapacity with a power of attorney, and not talking to family abo

Notary Services Can Simplify Your Life

Fri, 27 Dec 2024 01:00:00 +1000

In Ontario, notary services can streamline many of your legal and official document needs. Under Ontario law, only notary publics are authorized to perform affirmations, witness signatures, and certify that a document is a true copy.

A notary p

What happens when… property title changes and the implications

Wed, 06 Nov 2024 12:51:00 +1000

There are a few common reasons why you want to have someone removed from the title of your property; a divorce, a change of personal financial circumstances, or a death.

Pitfalls to Avoid in Joint Property Ownership

Sun, 03 Nov 2024 19:00:00 +1000

Real estate with an investment partner is a popular choice among real estate investors, but this strategy comes with its own set of challenges. While there are many advantages to sharing ownership of properties with a partner, clear communication in agree

Ontario Land Transfer Tax: How Much Do You Have To Pay?

Wed, 23 Oct 2024 00:00:00 +1000

Land transfer tax is a fee you pay to the provincial government when you acquire real estate. It’s calculated as a percentage of the property’s purchase price and is due upon closing. Your real estate lawyer will handle the land transfer tax p

Death binders. A morbid thought, but very beneficial

Thu, 26 Sep 2024 01:00:00 +1000

Everyone should have a death binder. Collecting and keeping all of the family’s most important pieces of legal and financial information together and in a secure location can be a tremendous resource in the event of an unexpected or eventual death.

Power of Sale in Ontario: What Homeowners and Buyers Need to Know

Fri, 23 Aug 2024 01:00:00 +1000

What is a power of sale in Ontario? Learn how it works, what buyers should know before purchasing, and what homeowners can do to stop one.

Estate Administration Tax in Ontario: What It Is and How to Reduce It

Wed, 24 Jul 2024 01:00:00 +1000

Estate Administration Tax (EAT), often called probate fees, is a tax Ontario charges on the value of an estate when an estate certificate is issued. There's no tax on the first $50,000, and $15 per $1,000 above that. Naming beneficiaries and holding asset

Foregoing a home inspection? Proceed with caution.

Mon, 24 Jun 2024 01:00:00 +1000

As a buyer, it can be tempting to forego all conditions. Financing, home sale, and home inspection conditions are the most common conditions. If you are considering excluding conditions, we urge you to reconsider.It is no secret that our team at McMurter & Associates are strong believers in conditions when you are purchasing a property. A 100% firm offer means the purchase is final, and the buyer can’t back out of the deal.We don’t like to operate with finality, especially if the...

What Is a Chattel and What Is a Fixture in an Ontario Home Sale?

Tue, 28 May 2024 01:00:00 +1000

A chattel is a movable piece of personal property that isn't permanently attached to a home, such as furniture or appliances, and it only stays if the Agreement of Purchase and Sale says so. A fixture is an item attached to the home or land, such as light

Tips for selling a property that is a part of an estate

Thu, 25 Apr 2024 05:00:00 +1000

When settling the estate of an individual there are often hurdles and hiccups that must be navigated. If you are an Executor of an estate that has property to sell, we expect that you may have some serious questions. Read more about what to expect when you are appointed as an Executor in Ontario here.In this most recent in our series of posts about executors and estates, we hope to clear up some of the common questions and concerns when it comes to selling a property that is part o...

What happens when… red flags to watch for in your client’s title search – PART 2

Wed, 10 Apr 2024 05:00:00 +1000

Not all title searches are created equal.

Did you know that a real estate lawyer’s title search just before closing can sometimes find red flags that could have been rectified with a title search prior to listing?

Pets are considered property and nothing more in the eyes of the law. Plan accordingly.

Thu, 28 Mar 2024 05:00:00 +1000

In Ontario, pets are considered property so the same rules of guardianship of your children do not apply. In fact, when it comes to your estate your beloved cat is considered as no more valuable than your couch, or your sweet dog is only as important as your dining room table.A recent article in the news has highlighted how the courts see pets. From cbc.ca, “A legal tussle over a dog has cost both sides thousands in legal fees — and plenty of heartache&n...

Red flags that can arise in your title search

Thu, 22 Feb 2024 06:00:00 +1000

In a real estate lawyer’s perfect world, sellers would have a title search done for their property before the listing goes live. But life isn’t perfect, and this isn’t usually the case. A title search is usually conducted just before the close of the property.Simply put, “title” refers to the legal ownership of a property.When you are selling, the deal will not close without a current title search on your property. A title search ensures there are no hindrances for a new owner takin...

Estate Planning for New Parents

Thu, 25 Jan 2024 06:00:00 +1000

Is 2024 the year your family is expanding?If you are expecting a baby or plan to start your family, first we want to give you a big congratulations! We know you have a to-do list a mile long when it comes to preparing for your new family member, but we are here to add another very important thing to your list.Planning for your new family should include making changes to your will or creating a will if you have not already done so.Many new parents often overlook the process of planning for the...

What happens when… red flags to watch for in your client’s title search

Wed, 24 Jan 2024 05:00:00 +1000

This content was originally posted in our real estate agents Newsletter. If you are interested in receiving relevant information for real estate agents as soon as it drops, you can sign up here.
As a real estate agent, you have a ton of insight and knowledge into the properties your clients are listing or are interested in buying. One of your tools is a title search which can show you red flags before you list a property, or (ideally!) before your client puts in an offer on
...

What Assets Should Be Included in Your Will?

Tue, 12 Dec 2023 05:00:00 +1000

One of the biggest challenges of estate planning is ensuring that your assets end up in the hands of the people you choose. In your will, you will appoint an Executor who is responsible for your estate after you pass away, which includes distributing your assets. (We have more about what you can expect in your role as an Executor here.)Every will is going to be unique based on your assets and your beneficiaries, but when you work with an estate planning lawyer the process doesn’t have ...

Buying a New Build Home in Durham Region: How a Real Estate Lawyer Can Help

Sat, 25 Nov 2023 06:00:00 +1000

Buying a new build in Ontario often means signing a lengthy contract and waiting months or years to close. If your lender won't fund your mortgage at closing, a real estate lawyer can negotiate with the builder, including asking for a closing extensio

What to expect when you are appointed as an Executor in Ontario

Tue, 24 Oct 2023 05:00:00 +1000

There is no simple answer when it comes to wills, the process of probate and estate administration. Each situation is unique and varies on numerous factors. In a time of grief after the loss of a loved one, the process of being an Executor is tricky to say the least. In the simplest terms, an Executor carries out the wishes of the deceased as outlined in their will.What are the responsibilities of an Executor?Take care of all the affairs of the deceased as outlined in their will.Pay all taxes...

What happens when… the buyer doesn’t produce their deposit

Sat, 16 Sep 2023 05:00:00 +1000

This content was originally posted in our real estate agents Newsletter. If you are interested in receiving relevant information for real estate agents as soon as it drops, you can sign up here.
Your clients have sold their house. Hooray.The Agreement of Purchase and Sale has been signed and the deal is firm. Congratulations to you, the agent, and your buyer. It feels like time to celebrate, but then…The date scheduled for the buyer to pay their deposit passes without the funds
...

Protecting your loved ones living with a disability through estate planning

Wed, 30 Aug 2023 05:00:00 +1000

When estate planning, you might be wondering how you can leave assets to someone who does not have the capacity to care for themselves due to living with a disability. We understand that there is a constant worry about trying to protect them even after you are gone.
What is a Henson Trust?A Henson trust is an estate planning tool often used to support people living with a disability to provide them with ongoing financial support. Because the trust is under the absolute discretion of th
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Why does appointing a Power of Attorney matter?

Fri, 14 Jul 2023 12:00:00 +1000

Most of us are familiar with the term “Power of Attorney” when it comes to managing the affairs of our loved ones. We often hear of a Power of Attorney who is responsible for making healthcare decisions after a loved one becomes ill. In a best-case scenario, the appointer will make it clear whom they wish to be their Power of Attorney prior to them becoming ill.According to Ontario.ca, “Making a power of attorney or other arrangements as part of your life planning allows you to cho...

I want to purchase a home that has existing tenants. What are my next steps as the purchaser?

Wed, 21 Jun 2023 12:00:00 +1000

If you intend to reside in the house yourself, you must negotiate a clause in the contract calling for “Vacant Possession”. This now puts the onus on the seller to ensure the house is empty at the date of closing.According to Advocacy Centre for Tenants Ontario, 30% of Ontario’s population rent. Renting has become increasingly popular due to the increasing cost of home ownership.In the news recently, tenants refusing to leave because their landlord is selling the property is ...

My financing fell through two weeks until closing. What are my options?

Thu, 11 May 2023 12:00:00 +1000

You’re buying a home and the excitement, mixed with some nerves, starts to creep in a few weeks before closing. Even if this isn’t your first home, there are always issues that may arise in your real estate deal. The best course of action is to be aware of potential problems and have a plan if they come to light.It is a worst-case scenario if your real estate deal does not close on the agreed-upon date. The buyer failing to secure financing is one reason that a real estate deal could go s...

What happens to your digital assets after your pass away?

Fri, 03 Mar 2023 13:00:00 +1000

What happens to your Facebook profile after you become incapacitated or pass away? What about your email account? The rest of your digital assets?After you pass away or are unable to access these digital accounts, it is going to be difficult for anyone else to access them.According to Ottawa Business Journal, “There is an overwhelming gap in the law, which has not kept up with technology, regarding one’s ability to access information about another person’s digital assets.”In Onta...

The sellers left the house a mess! What can I do?

Thu, 02 Feb 2023 13:00:00 +1000

“The seller didn’t sweep the hallway like they said they would!”
“The seller left a bunch of garbage!”
“There are so many holes in the walls!”You do your final walkthrough of the home 2 weeks before closing. You realize that the home is in disarray, but the seller still has 2 weeks to clean the home and you hope that they commit to keeping their end of the contract. Upon closing, you realize that the home has clear issues that were not there when you first purchased the home.A

...

When Good Deals Go Bad

Wed, 16 Nov 2022 00:00:00 +1000

You are selling your home and the deal is set to close in 2 weeks. You get a dreaded call from your lawyer that the buyer will no longer buy your house. You have moving trucks arranged, and you’ve already entered into an Agreement of Purchase and Sale of your new house. What is going to happen next?You are buying a new house and the deal is set to close in 3 days. You get a call from your lawyer who explains that the sellers have had major damage to the basement of your soon-to-be house. Wh...

Conditional or firm offer?

Tue, 16 Aug 2022 23:00:00 +1000

Real estate deal conditions are a good thing.We are strong believers in real estate deal conditions. Now that we are in a more balanced market, and houses are not selling in multiple offer scenarios, as a real estate buyer you have more power to make a thoughtful deal with conditions.In a competitive market brought on by the pandemic and low inventory of houses for sale, it was common for us to see real estate deals without any conditions and firm offers. A 100% firm offer means that the...

Do I really need title insurance?

Thu, 28 Jul 2022 23:00:00 +1000

Title insurance is not the most exciting thing to spend your money on, but it is an integral part of buying a house and most real estate lawyers (and virtually all mortgage companies) want it as part of every deal. Although title insurance is optional in Ontario, your lender will require it for you to receive your mortgage.You obtain title to property when the owner signs the deed (transfer document) over to you. Title is then registered in the government’s land registration system. Wh...

Pet Guardianship

Wed, 06 Jul 2022 23:00:00 +1000

Your pets are a big part of your family. So, what happens to them after you are gone? If you are suddenly incapacitated or pass away, do you have a plan for your beloved pet?Like a guardian for your children, a pet guardian is someone who will take care of your pet after you are gone.Many people have informal arrangements for their pets if they suddenly pass away, but this is something that can also be outlined in your will. Pets come with big responsibility, so it is best to establish a plan...

Should You Add Your Child to the Title of Your Home in Ontario?

Tue, 17 May 2022 23:00:00 +1000

Adding your child to your home's title as a joint tenant can pass the home outside your estate and avoid Estate Administration Tax, but we advise against it. The risks include your child's financial problems, sibling conflict, needing their permission to

How Will Your Guardian Financially Care for Your Child?

Thu, 31 Mar 2022 10:00:00 +1000

In Ontario, naming a guardian for your child in your will doesn't automatically provide the money to raise them. You can use your will, life insurance, and possibly a trust to set out how your assets should be used for your child's care, and it's importan

Perks of Having a Will for Your Real Estate Investment

Thu, 17 Feb 2022 11:00:00 +1000

Investing in real estate could be one of the best investments anyone could make in their lifetime. With assured returns and tax advantages, real estate investments are lucrative in all ways to the investors. Just like any investment, real estate investment has its risks. One of the main risks involved in it is asset management. Have you ever thought about what happens to your real estate investments if you don’t have a Will? And do we need a Will for investing in real estate?“Absolutely y...

How Do You Legally Choose a Guardian for Your Child in Ontario?

Sat, 05 Feb 2022 11:00:00 +1000

In Ontario, a parent can name in their will who should care for their child after their death, but the appointment is only effective for 90 days. The person named must apply to the court for a permanent appointment, and the court decides based on the chil

What Happens to my Real Estate Investments if I don’t Have a Will?

Fri, 10 Sep 2021 10:00:00 +1000

The answer to this question lies in the answer to another question. How did you take title to the property at the time of the purchase?If you took it in your own name, then it is simply an asset to be dealt with in the administration of the Estate. In the absence of a Will, the Province of Ontario has passed legislation that says what will happen to the assets of a deceased. If he/she was married, the spouse gets the first $350,000.00 of the estate and 1/3 of the balance. Any ...

Why Do I Need a Will for my Real Estate Investments?

Thu, 11 Mar 2021 11:00:00 +1000

According to a 2018 Angus Reid Institute survey, just over half of Canadians (51%) do not have a Will. In other words, half of Canadians will not have a say in who handles their estate or what happens to their property when they die.There are some reasons that Canadians cite for not having a Will. These include:Too young to worry about itNot enough assets to create a WillCostDying is not something they want to think aboutTime restraintsA Will can determine:Who will be responsible for adm...