SLRA

What Makes You a ‘Child’ in an Estate? A BC Case and the Ontario Contrast

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This blog was written by Jessica J. Butler, Law Clerk at Fasken LLP  A recent British Columbia decision[1] has revisited a deceptively simple question in estate law: what does it mean to be a “child” of a deceased person?[2] The case involved a claim brought by a woman against the estate of the deceased under section 60 of British Columbia’s Wills, Estates and Succession Act (“WESA”). These claims are commonly….

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Dependant Support, Estate Litigation, Family Conflict, Uncategorized

Please “Designate” on my Behalf: Welcome Amendments to the Ontario Succession Law Reform Act

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This blog post has been written by Darren G. Lund, Partner at Fasken LLP With the holiday season having only recently passed (although in many ways it feels like a long time ago already), I am reminded of how easy it is for news items to get lost in the hustle and bustle of year-end planning and preparations. In the estate planning world, this past year-end contained a welcome development….

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Estate Planning, Power of Attorney, Wills

Disinheritance of Separated Spouses Takes Full Effect

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Today’s blog post was written by Latoya Brown, Associate at Fasken LLP. As the year draws to a close, it’s a natural time for reflection and planning. Many will be reviewing the past year, evaluating their goals and making new ones for the new year. In the realm of estates, it’s an ideal time to review your estate plan to ensure it is up to date as well as note….

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Estate Administration, Estate Planning, Family Conflict, Separation, Wills

Dependant and non-dependant beneficiaries

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One kind of claim that estate litigators often bring against an estate is a claim for dependant’s support. These claims are made pursuant to Part V of the Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”), and are commenced by way of application. The core of such a claim is that the deceased testator did not provide adequately for a dependant, whom the deceased was supporting prior to….

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Dependant Support, Estate Litigation

The substantial compliance rules in action

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Last summer I wrote a number of blog posts that touched on the then- new “substantial compliance” rules found at Section 21.1 of the Succession Law Reform Act that came into effect at the beginning of 2022. As a quick refresher, the crux of this provision is that the Court has the authority to validate wills and codicils that are invalid due to issues with their form or execution. In….

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Uncategorized

Court of Appeal Limits Dependant Support Claw Back

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The family law bar must be breathing a sigh of relief after reading the Court of Appeal’s decision in Dagg v. Cameron Estate, 2017 ONCA 366. Both the application judge and the Divisional Court (discussed on this blog, respectively, here and here) held that a life insurance policy taken out pursuant to a separation agreement could be clawed back into the estate for a dependant support claim by the subsequent….

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Estate Litigation
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