Total 411 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
Who owns the rights to a celebrity’s image after death? Do these rights pass automatically to the celebrity’s estate? How are these rights protected?….
Personality Rights…From Beyond the Grave! Continue Reading »
Estate Litigation, Estate Planning, In the News, International, Succession Planning, U.S. Citizen, United States
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
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
Lawyers are keenly aware of limitation periods. If a lawyer fails to commence a claim on behalf of a client within the limitation period, they will likely face a professional negligence suit (not good). Whether lawyers like them or not, limitation periods play an important role in the civil justice system. The provide certainty and finality. In Ontario, a plaintiff has two years to start a claim from the date….
Fraudulently Concealing a Limitation Period Continue Reading »
Estate Litigation, Limitation periods, Real Estate
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’ Accounts