Dependant Support

Total 37 Posts

Home Buyer’s Plan and Disabled Family Member

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In a recent blog, I wrote about the availability of Home Buyer’s Plan (HBP) to an individual after the death of her spouse who purchased the matrimonial home. In a recent Technical Interpretation (2019-0819671E5, D. Odubella), the Canada Revenue Agency (CRA) was asked by a taxpayer to review the availability of the HBP to purchase a home that is located in a district where their disabled daughter could attend a….

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Canada Revenue Agency, Dependant Support, Disability, In the News, Real Estate, Spouse, Tax Issues, Uncategorized

Accommodating Beneficiaries of a Will With Differing Gender Identities

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The symbol for people who identify as non-binary.

Accommodating Beneficiaries With Differing Gender Identities Our society is becoming increasingly attuned to accommodating the needs of people who have various gender identities, whether such people are transgender, queer, or do not identify as one specific gender. For example, Ontario announced a few years ago that its residents can use an “X” under the “Sex” indicator on provincial government identification to signify that they identify as transgender, non-binary, and/or two-spirited,….

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Contested wills, Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Wills

Interim Support and the “Bare Minimum”

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Should a widow have to deplete her meager savings and income before being entitled to interim dependant support from her late husband’s estate? In Anderson v. Anderson, 2019 ONSC 5627 (CanLII), the court’s answer was unsurprisingly “no”. The deceased had been married to his second wife for almost 20 years. Both had children from their previous marriages. Under the deceased’s will, his widow was the estate trustee and could live….

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Dependant Support

Separation Agreements, Support Obligations, and Summary Judgment

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Separation agreements commonly include a requirement that one of the spouses maintains a life insurance policy in favour of the other in order to “secure” support payments (either child support or spousal support). It is equally as common to find out, on the death of the supposedly insured spouse, that she let the insurance policy lapsed, changed the designated beneficiary, or reduced the amount of the policy. What happens next?….

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Contracts, Dependant Support, Estate Litigation, Family Conflict, Separation, Spouse

Support, Shoes and Social Media

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How much interim dependant support is too much? When can interim legal fees be ordered? And can young people be stopped from posting on Instagram? Justice Pattillo had to consider these question in Zavet v. Herzog, 2018 ONSC 3398. The deceased, a wealthy real estate developer behind many of Toronto’s swankiest condos, was survived by his wife of almost 50 years (he had been separated from her since 1995), two….

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Dependant Support, Estate Litigation
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