A Trap For The Unwary; ONCA Finds A Partner Responsible For Spousal Support Despite Maintaining Separate Residences and The Impact on Estate Planning

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Today’s blog was co-written by Corina Weigl, Partner at Fasken LLP. The recent Ontario Court of Appeal (“ONCA”) decision Climans v Latner[1] (“Latner”) highlights a trap for the unwary.  For the purposes of awarding spousal support, clients may be found to be common law “spouses” despite maintaining separate residences.  The resulting implications extend beyond Ontario’s family law regime to wills and estates law.  On death, while the concept of spousal….

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Choice and Planning for Incapacity

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This blog was written by Damian McGrath – Estate and Trust Consultant with Scotia Wealth Management Choice is the act of decision making when faced with two or more possibilities. Decision making requires an understanding of the situation, the decision itself and the consequences of it. If our ability to make those choices diminishes or is lost, then others need to make them for us. A Power of Attorney gives….

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Demonstrating Financial Need in a Dependant Support Claim

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Today’s blog was written by Tyler Lin, student-at-law with de VRIES LITIGATION LLP When a person passes away, what happens to those who were depending on them? In Ontario, the requirement to provide for your dependants does not end on death. Where the deceased has failed to leave adequate support for dependants, it is possible for those dependants to bring a claim against the estate for a share of the….

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Dependant Support, Estate Litigation, Spouse, Succession Planning

Living Fully Before Dying

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While I cooked all familiar  traditional foods last week, the family celebration was very different and difficult this year.  Of course not having my mother at the table was primary but due to Covid we were only the immediate family. No cousins, no friends joined us this year. Such a different time.  As I continue to be reflective I thought I would share a previously published blog by the Huffington….

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Elder Care

You’ve Got Mail – Part One

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Learning that a loved one or friend who has passed away has left a gift for you in their Will, can be expected or in some cases, it can come as a surprise.  You may be entitled to either (i) a legacy which can be in the form of a specific gift of personal property (i.e. a car, painting, jewellery), a gift of cash from a specified source (i.e. TFSA….

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Estate Administration, Estate Administration and Probate Applications, Wills

Outdated Donation Clause

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Legal precedents are invaluable – except, that is, when they are wrong or out of date.  Recently a Scotiatrust colleague contacted me about a clause in a client’s will that was intended to create an endowment fund at a registered charity.  The clause imposed a 10-year capital hold on the donation.  He asked, “is this clause still necessary?” The short answer is “no”.  The longer answer is “this clause was….

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