Spouse

Total 78 Posts

Support, Divorce, and Insolvency

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Even when a dependant’s entitlement to and need for support is clear, there simply may not be enough money in the estate to provide assistance. For this reason, the Succession Law Reform Act (“SLRA”) allows certain assets passing outside of the estate (often to a designated beneficiary) to be clawed back into the estate for the limited purpose of providing a dependant with support. The designated beneficiary may be tempted….

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Dependant Support, Estate Administration, Estate Litigation, Spouse

Which Comes First: Preferential Share or Mortgages?

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The Succession Law Reform Act (“SLRA”) provides that if a married person dies intestate, the first $200,000 (called the “preferential share”) of the deceased’s net estate goes to the married spouse[i]. Any funds remaining after the payment of the preferential share is shared among the spouse and children. In Re Estate of Richard Lewis Crane (“Crane”), the deceased died intestate. He left a second wife and two sons from a previous marriage.  The….

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Estate Administration, Estate Administration and Probate Applications, Real Estate, Spouse, Succession Planning

Spousal trust and life insurance

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The Canada Revenue Agency was recently asked if income or capital from a proposed spousal trust that was to be used to pay life insurance premiums on a spouse’s life would disqualify the trust from ever being a spousal trust eligible for rollover of property upon creation of the trust.
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Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Insurance, Spouse, Trustee

International Couples, Beware!

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In Burkhardt v. Burkhardt Estate, 2015, the Ontario Superior Court addressed the issue of common habitual residence to determine the wife’s entitlement to her husband’s estate, and in doing so, highlighted the interplay of Family and Estates law in Ontario. The testator, Walter Burkhardt was an entrepreneur who left Germany for Ontario to start a winemaking business. His wife, Irene Burkhardt, refused to join him and continued to reside in….

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Estate Planning, Spouse

Interrelation of Family Law and Estate Planning

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With many couples, one or both spouses have had previous marriages or common law relationships. For many reasons, these couples’ estate planning instructions are not usually the traditional “all to my spouse with a gift over to my issue”, and clients should understand how their estat planning decisions may be impacted by family law…..

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Capacity Law, Estate Planning, Family Conflict, Power of Attorney, Property, Spouse, Wills
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