Dependant Support

Total 38 Posts

Capacity to Marry: Balancing Autonomy with Protection of the Vulnerable

• • 0 Comments

Capacity to marry is often raised in the context of an allegation of a predatory marriage. But what about when the adult children disapprove of the union and devise a scheme to protect their inheritance from the purported “gold digger”? This was the scenario in the case of Tanti v Tanti et al., 2020 ONSC 8063. The relationship between Paul Tanti (“Paul”) and Sharon Joseph (“Sharon”) was never accepted by….

Capacity to Marry: Balancing Autonomy with Protection of the Vulnerable Continue Reading »

Capacity Law, Dependant Support, Estate Litigation, Wills

Does the Estate Trustee Always Participate in Estate Litigation?

• • 0 Comments

One of the duties of an estate trustee is to respond to litigation brought against the estate. The estate trustee is also the only person with the authority to start litigation on behalf of the estate. Because estates are not legal entities such as corporations, the party to the litigation is the estate trustee, not the estate. If the estate is named as a party to the litigation, the title….

Does the Estate Trustee Always Participate in Estate Litigation? Continue Reading »

Dependant Support, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Spouse, Trustee, Trustee Disputes

What Makes a Marriage?

• • 2 Comments

Each province in Canada establishes its own rules regarding the distribution of property where a person dies without a will. In Ontario, intestate succession is governed by Part II of the Succession Law Reform Act (the “SLRA”). Inheritance on intestacy is limited to married spouses and blood relations. If a person dies with a common law spouse, the spouse must commence a claim for dependant support pursuant to Part V….

What Makes a Marriage? Continue Reading »

Dependant Support, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Spouse, Trustee

Demonstrating Financial Need in a Dependant Support Claim

• • 0 Comments

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….

Demonstrating Financial Need in a Dependant Support Claim Continue Reading »

Dependant Support, Estate Litigation, Spouse, Succession Planning
Scroll to Top