All About Estates

Category: Dependant Support

Total 36 Posts

The Ultimate Paper Anniversary Gift: Why a Will Is an Act of Love

Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. This past Tuesday, October 15th, marked a significant milestone for me an my husband – one whole year of marital bliss! With the traditional first-anniversary gift being paper, I found myself thinking about a particularly profound paper: a…

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Lam v Law Estate: Gender bias permits variation of discriminatory will

Today’s blog post was written by Latoya Brown, an Associate at Fasken LLP. The discussion of discriminatory wills continues with a new case out of the British Columbia Supreme Court. In Lam v Law Estate, 2024 BCSC 156, the court varied a testatrix’s will on the reasoning that the testatrix’s…

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Dependant and non-dependant beneficiaries

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…

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Does an Adult Child have an Obligation to Support their Parent?

*This blog was researched and authored by Jonathon Vander Zee, who is an articling student with de VRIES LITIGATION LLP.  There are many different kinds of support that can be sought as relief in a legal proceeding, such as child support, spousal support, and dependant’s support. These types of support…

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Father Time: A Limitation Period Refresher

As the holiday season is upon us and the new year approaches, many of us are thinking about time. For those in the litigation world, time, and more specifically, limitation periods, should always be top of mind. This blog serves as a refresher for some of the limitation periods that…

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Identifying Dependants

This post is written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust. Individuals have considerable testamentary freedom in Ontario (and other provinces). The ability to distribute an estate how you choose, is a common law principle that is deeply entrenched. In Ontario, and most provinces, the court has limited…

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The Price is…Dependant Relief?

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP TV legend Bob Barker passed away on August 26, 2023 at the age of 99 – just 4 months shy of his 100th birthday.  Bob was probably most well known for being the legendary host of the…

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Failure to plan can leave minor children in “Another World”: Considerations for the Anne Heche estate

Today’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left…

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The Deceased’s Knowledge of Parentage is a Factor in Dependant’s Relief Claims

Many of us know that a court can make an order for the adequate and proper support of a deceased’s dependants where the deceased has not done so. Part V of the Succession Law Reform Act, RRO 1190, c. S. 26 (“SLRA”) identifies the persons who could be considered a…

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Are Domestic Contracts Becoming More Popular?

When I explain to people whom I’m meeting for the first time that I’m a lawyer and that among my areas of practice I draft domestic contracts, I’m often met with a response to the effect of “You mean, like, a pre-nup?” I can confirm that a “pre-nup” is, in…

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