Well-behaved children receive gifts from Santa, and poorly behaved ones just might receive a lump of coal. Does the law on dependant support work the same way?….
Does the Moral Behaviour of a Dependant Matter in a Dependant Support Claim? Continue Reading »
Dependant Support, Estate Litigation, Family Conflict, Spouse, Succession Planning, WillsMost know that you don’t have to be legally married to have a “spouse” for income tax purposes, although legal marriage will work. If you have been living with someone in a conjugal relationship for 12 months or more regardless of your sex at birth, you will be considered spouses for tax purposes. You can ignore the 12 month requirement if you are living together and you are both parents….
When Are You Married? Continue Reading »
Contested wills, Courts, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Spouse, Testamentary Capacity, Uncategorized, Wills
I am sharing an article that I previously wrote, pre COVID. There are some things that are very different this year and large family dinners (in person) is currently a thing of past; however many of the tips listed are still very applicable when visiting (either in person or by Zoom/FaceTime) with older parents. It is hard for many of us as adult children to watch our parent’s health deteriorate…..
Time to play Detective Santa…. Continue Reading »
Caregiving
In my blog Probate Points to Remember – A.K.A. Names and More – All About Estates of October 16, 2020, I shared from my list of “Probate Points to Remember”. I provided tips regarding how to name individuals, including the deceased, executors and beneficiaries, such as when using “also known as” names, in applications for certificates of appointment of estate trustee (“Probate Applications”). The purpose of the list is to….
Probate Points to Remember Part 2 – Some Additional Tips Continue Reading »
Estate Administration and Probate Applications, WillsCan you donate the residual interest of a principal residence to charity? Absolutely! The question, however, is not can it be done, but should it be done. In most cases, the answer is no – especially for the charity. Structuring Options Let me address the structuring options first. It is possible to donate a home to charity with an intervening life (or term) interest. This means one or more persons….
Residual Interest Gifts of Homes Continue Reading »
Estate Planning, Philanthropy/Charitable Giving, Trusts, Uncategorized
In the recent decision of Hertendy v. Gault, 2020 ONSC 7555, the Court considered a mother’s summary judgment motion to set aside the transfer of her property to her daughter for no consideration. Facts: On October 28, 2011, Marian Hertendy appointed her daughter, Beverly Ann Gault, as her attorney for property and personal care. That same year, Marian signed a Will transferring her property at 837 Poonamalie Road in Smiths….
A Change of Heart Does Not Create a Resulting Trust Continue Reading »
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