Spouse

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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

Provincial Succession Law and Family Law

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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….

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Family Conflict, International, Spouse, Succession Planning

Love is in the Air – Or is it Separation?

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Couple forced to marriage by judge

This blog post was written by: Diana Leopardi, Estate and Trust Consultant, Scotiatrust Montreal Love is in the air…You may now kiss the bride; these are a couple of popular phrases often used in romantic movies but what about The Hangover movie what if your client woke up one morning only to discover that they were married and duties and responsibilities of married couples were bestowed upon them…what to do?….

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Family Conflict, Separation, Spouse

To Be or Not to Be a Spouse: A Follow-Up on Enns V The King

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Maddi Thomas, associate, and Donya Ashnaei, articling student, Gowling WLG (Canada) LLP Background I wrote a blog post on Enns v the King, 2023 TCC 28, last year. This case was significant for estate planners, as the ruling extended the Canada Revenue Agency’s (“CRA”) reach under section 160 of the Income Tax Act (the “Act”). A little over a week ago, the Federal Court of Appeal (“FCA”) overturned the TCC’s….

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Appeals, Spouse, Succession Planning, Tax Issues

All I Want for Christmas is Legal Ownership of My Yorkshire Terrier

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Pictured: My beloved dog, Yuki, in her Christmas tree outfit. When thinking about what to write for this week’s blog post, I realized that I have the last Fasken slot before Christmas. This got me thinking: what can I write that’s relevant to the holidays? It then dawned on me that this is the first Christmas that I’ll be spending with my new dog, Yuki. Coincidentally, there have been a….

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Appeals, Costs, Courts, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Guardianship, In the News, Joint Tenancy, Separation, Spouse, Succession Planning

The Ultimate Paper Anniversary Gift: Why a Will Is an Act of Love

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. This past Tuesday, October 15th, marked a significant milestone for me an my husband – one whole year of marital bliss! With the traditional first-anniversary gift being paper, I found myself thinking about a particularly profound paper: a Will. It’s a testament to caring, a document that conveys love through its protective intent – the ultimate love letter,….

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Dependant Support, Estate Planning, Spouse, Succession Planning, Wills
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