Total 116 Posts
In Ontario, the Family Law Act (“FLA”) regulates the division of property and the availability of spousal support on separation or death. ….
Spousal Election – The Right of the Survivor Continue Reading »
Contested wills, Dependant Support, Estate Litigation, Estate Planning, Executors, Family Conflict, Property, Real Estate, Spouse, Succession Planning, Wills
In Poitras v. Canadian Cancer Society et. al., 2020 ONSC 4935 (CanLII), a decision on a motion, the Estate Trustee/moving party sought an order setting the terms of a release so an interim distribution could be made. The responding party argued that an interim distribution could not be made until other issues were resolved and sought costs. Neither party was successful. Background Françoise Poitras died on March 6, 2016. Interestingly,….
You Can’t Always Get What You Want, But … You Get What You Need Continue Reading »
Contested wills, Estate Administration, Estate Litigation, Passing Of Trustees’ and Executors’ AccountsThis blog was written by Lara Besharat As the pandemic trudges on, jurisdictions are bowing to pressure, allowing for what was once a rigidly fixed process to be done virtually. In Canada, a will historically required the physical presence of two witnesses alongside the testator to be considered valid. However, due to social distancing guidelines, changes have had to be made. One by one, Ontario, Alberta, British Columbia, Manitoba, Nova….
The gratuitous transfer of property from a parent to an adult, capable child may result in a resulting trust…..
Of Love, Resulting Trusts, Matrimonial Homes and Fenelon Falls Continue Reading »
Contested wills, Cottage, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Joint Tenancy, Property, Real Estate, Resulting Trust, Spouse, Succession Planning, Trustee, Trusts
In Luck v. Hudson, 2020 ONSC 3811 (Div. Ct.), the Divisional Court confirmed that an appeal is not the time to raise new issues and seek directions regarding an estate. In this case, the deceased and his wife owned a house together jointly which then sold (it is not clear whether the house was sold before or after the deceased’s death). At some point, litigation was commenced. While the exact….
Divisional Court Appeals: Not The Place For New Issues Continue Reading »
Contested wills, Cottage, Estate Administration, Estate Litigation, Family Conflict, WillsThis blog was written by Paula Lester – Estate and Trust Consultant with Scotia Wealth Management As an Estate and Trust Consultant who works closely with financial advisors and their clients, I find myself being asked increasingly often to help clients whose capacity has become a concern. This seems to be an instigator as the advisor becomes aware that the client may no longer be able to understand their finances….
Diminishing Capacity and Urge to Delay Continue Reading »
Capacity Law, Contested wills, Estate Litigation, Estate Planning