Family Conflict

Total 253 Posts

Should your executor be paid to attend your funeral?

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Scotiatrust

This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Estate trustees in Ontario are entitled to be compensated for their work in administering the estate. Understanding estate trustee (“executor”) compensation is important whether you are an executor or are considering who to appoint for your own estate.   In Ontario, non-professional executors generally calculate compensation by relying on the guideline of:  2.5% of income and….

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Compensation, Estate Administration, Executors, Family Conflict

Net Family Property Exclusion Clause in Wills

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Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP, together with the assistance of our summer law student Stephanie Katajamaki. It would be rare to find an Ontario Will drafted by a lawyer that does not contain a Family Law Act, Net Family Property clause. They are ubiquitous. However, few clients fully appreciate the limited purpose or utility (and necessity) behind these….

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Estate Planning, Family Conflict

Newlands Revisited: Moving to the Appeal

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This blog has been written by Darren Lund, Partner at Fasken LLP In a previous blog, I wrote about the Ontario Superior Court of Justice decision in Lang-Newlands v Newlands, 2024 ONSC 6285. To briefly summarize, the Newlands case considered a number of issues, but the key issue of interest for estate planners is the court’s analysis of an “estate freeze” transaction that occurred during the parties’ marriage. Barbara and….

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Estate Planning, Family Conflict, Separation, Succession Planning, Trusts, Uncategorized

Contract Law in Estate and Guardianship Litigation

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In estate or guardianship litigation, disputes may arise in respect of contracts purportedly made by an individual before his or her death or by an attorney for property on behalf of the grantor. While it is trite that such agreements may be set aside on the basis of incapacity or undue influence (topics which have been discussed extensively in previous AAE blogs), it is important to consider some of the….

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Contracts, Estate Litigation, Executors, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influence

Quebec’s Parental Union Regime: A New Legal Framework for Unmarried Parents

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Scotiatrust

This blog post was written by: Ophely Karam, Estate and Trust Consultant, Scotiatrust Montreal Common-law union has become a predominant form of partnership in the province of Quebec, distinguishing it from other provinces in Canada. In 2021, 42.7% of couples in Quebec lived in a common-law union, this is 2.5 times more than in the rest of Canada, where the proportion of common-law couples is barely 17%. Despite the high….

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Family Conflict, Separation, Spouse

Decoding the Mysteries of a Testator’s Intention

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This blog post was written by Mohena Singh, Associate at Fasken LLP. Imagine a picturesque cottage in Shrewsbury, Ontario, a place filled with family memories and the promise of future gatherings. This cottage, however, became the centre of a legal conundrum after the passing of its owner, Floyd Kersey (“Floyd”), and the subject matter of the case of Spencer v. Spencer et al.. Floyd’s will, crafted in 1983, was meant….

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Cottage, Estate Planning, Family Conflict
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