family law act

Til Death (or a CPL) Do Us Part: Joint Tenancy Survives a Son’s Suspicion

• • 0 Comments

This blog has been written by Mohena Singh, Associate at Fasken A recent Ontario Superior Court decision, Giglione v. Giglione [1], is a useful reminder that disappointment does not always lead to a legal remedy when it comes to inheritance. In this case, the Deceased got re-married in March 2014 and executed a will three weeks later, dividing the residue 30 percent to his spouse and 70 percent among his….

Til Death (or a CPL) Do Us Part: Joint Tenancy Survives a Son’s Suspicion Continue Reading »

Family Conflict, Joint Tenancy, Property

The Benefits and Limitations of “Family Law Clauses”

• • 0 Comments

This week’s blog has been written by Darren Lund Estate planning and family law intersect in numerous ways. One of the most obvious intersections between these two areas of law is the so-called “family law clause” that appears in Ontario wills, deeds of gift, and inter vivos trusts. Although the clause is ubiquitous, it is one that is easily misunderstood by lay readers of wills, deeds of gift, and trusts…..

The Benefits and Limitations of “Family Law Clauses” Continue Reading »

Estate Planning, Trusts, Wills

Newlands Revisited: Moving to the Appeal

• • 0 Comments

This blog has been written by Darren Lund, Partner at Fasken LLP In a previous blog, I wrote about the Ontario Superior Court of Justice decision in Lang-Newlands v Newlands, 2024 ONSC 6285. To briefly summarize, the Newlands case considered a number of issues, but the key issue of interest for estate planners is the court’s analysis of an “estate freeze” transaction that occurred during the parties’ marriage. Barbara and….

Newlands Revisited: Moving to the Appeal Continue Reading »

Estate Planning, Family Conflict, Separation, Succession Planning, Trusts, Uncategorized

NEWLANDS: A NEW INTERPRETATION OF ESTATE FREEZES IN THE FAMILY COURTS?

• • 2 Comments

This blog has been written by Darren Lund, Partner at Fasken LLP In Lang-Newlands v. Newlands, 2024 ONSC 6285, the Ontario Superior Court of Justice revisited the treatment of a discretionary family trust in the context of the equalization of net family property under the Ontario Family Law Act. Barbara Lang-Newlands (“Barb”) and Ian Newlands (“Ian”) were married on August 21, 1987 and separated on July 31, 2019. There were….

NEWLANDS: A NEW INTERPRETATION OF ESTATE FREEZES IN THE FAMILY COURTS? Continue Reading »

Estate Planning, Family Conflict, Separation, Succession Planning, Trusts

Valuation of Interests in Discretionary trusts and Family Law

• • 0 Comments

These days, it is quite common to find intergenerational wealth transfer to consist of property held in a discretionary family trust whose beneficiaries may or may not have been in marital relationships at the time of the time the trusts were created. A siginifcant number of legal and financials issues related to these trusts in family law, including the determination of what is considered “included” and “excluded” family property before….

Valuation of Interests in Discretionary trusts and Family Law Continue Reading »

Business Succession Planning, Contracts, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Family Conflict, Investments, Property, Real Estate, Resulting Trust, Separation, Small Business, Spouse, Trusts, valuation

What if… the Kardashian Deathbed Marriage Took Place under Ontario Law?

• • 0 Comments

A Thought Experiment Recently, I had the opportunity to co-author a paper on deathbed retainers with Justin de Vries. In drafting this paper, I had the occasion to think about deathbed wills from every conceivable angle. The idea for this blog started as footnote 81: a hypothetical thought experiment on the legal interaction between a deathbed marriage and a deathbed will. Case law on deathbed retainers and wills stand at….

What if… the Kardashian Deathbed Marriage Took Place under Ontario Law? Continue Reading »

Estate Planning, Family Conflict, Interest, Uncategorized
Scroll to Top