Total 257 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
As reported in the media[i] [ii] [iii], Nova Scotia’s appeals court recently heard a case involving a woman who is trying to stop her husband from receiving medical assistance in dying (MAiD). The woman is appealing a lower court decision that rejected her request for an interlocutory injunction against her husband until the full case can be heard on its merits. The man’s request for MAiD was clinically approved and….
Third Party Appeals of Healthcare Decisions Continue Reading »
Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Family Conflict, Geriatric Care Management, Healthcare, In the News, Medical Assistance in Dying, Spouse
Most adults are familiar with the concept of “rent”: it’s the money you owe every month after signing a lease with a landlord. Related but distinct from “rent” is “occupation rent” – rent’s frequently sought, but little understood, younger cousin who can still pack a punch. Occupation rent fills the void where there is no lease agreement or where a landlord-tenant relationship does not exist. Occupation rent can be sought….
Occupation Rent Will Get You Every Time Continue Reading »
Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Joint Tenancy, Real Estate
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, TrustsMuch has been written in this blog space and many others on this topic. Several times a year (in some years more often than others), we are asked in our practice about to advise on succession or estate planning issues for the family cottage. I was recently alerted to a very good article called How to Estate Plan for the Family Cottage by Tim H. R. Brown of Richard, Buell….
Estate Planning for the Family Cottage Continue Reading »
Cottage, Estate Administration, Estate Planning, Family Conflict, In the News, Investments, Joint Tenancy, Real Estate, Resulting Trust, Tax Issues, Trusts, Uncategorized, Wills
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, Wills