Family Conflict

Total 264 Posts

Net Family Property Exclusion Clause in Wills

• • 0 Comments

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….

Net Family Property Exclusion Clause in Wills Continue Reading »

Estate Planning, Family Conflict

Newlands Revisited: Moving to the Appeal

• • 0 Comments

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….

Newlands Revisited: Moving to the Appeal Continue Reading »

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

Contract Law in Estate and Guardianship Litigation

• • 0 Comments

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….

Contract Law in Estate and Guardianship Litigation Continue Reading »

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

• • 0 Comments
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….

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

Family Conflict, Separation, Spouse

Decoding the Mysteries of a Testator’s Intention

• • 0 Comments

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….

Decoding the Mysteries of a Testator’s Intention Continue Reading »

Cottage, Estate Planning, Family Conflict

Provincial Succession Law and Family Law

• • 0 Comments

One of the most interesting and challenging aspects of working in the trusts and estates field is how different the rules can be, not just internationally, but within our national borders. For example, this week I was chatting with my Quebec colleagues about Bill 56 – An Act respecting family law reform and establishing the parental union regime. It amends provisions of the Civil Code of Quebec (the “Code”) and….

Provincial Succession Law and Family Law Continue Reading »

Family Conflict, International, Spouse, Succession Planning
Scroll to Top