Mondaq Canada: Family and Matrimonial
Pallett Valo LLP
In 2017, the Ontario Superior Court of Justice held that a grandchild born out of wedlock was not entitled to share in his late grandmother's estate because he did not fall within the definition...
Tapper Cuddy LLP
After a person's death, their estate can usually be administered without much contention on the basis of the Will, and by seeking a Grant of Probate from the Court.
Lerners
In Ontario, the Court has recently emphasized that a cultural shift is necessary in Will challenges to prevent disgruntled relatives who are excluded from an Estate being able to force the Estate ...
O'Sullivan Estate Lawyers LLP
One could argue that the Government should do more by hiring additional people to care for those who have no one to help them.
Torkin Manes LLP
After a separation, changes in a couple's finances often result in a change in their tax situation.
Devry Smith Frank LLP
A passing of accounts is essentially an estate audit.
Clark Wilson LLP
Often, after a will has been made, the circumstances that led a person to make their estate plan in a particular way will change, and a new will (or a codicil updating an old will) becomes necessary.
Alexander Holburn Beaudin + Lang LLP
Did you know that both the BC Unclaimed Property Society and the Bank of Canada have free, searchable databases?
Lerners
The Court will strive to keep the person named by the deceased in the Will as Estate Trustee. The deceased had chosen that individual to administer their estate and the Court will try to respect that choice.
Dale & Lessmann LLP
Prior to June 2016, a person had the right to refuse medical treatment but did not have the right to seek active medical assistance in dying ("MAID").
Shim Law
We receive a lot of questions from our clients regarding divorce. Below is a compiled list of the most commonly asked situations or questions that pop up during a case.
O'Sullivan Estate Lawyers LLP
The Rule Against Perpetuities (the "Rule") is an old and complex legal rule that aims to prevent the delay of vesting of many types of transferred property interests beyond the "Perpetuities Period"...
McLennan Ross LLP
The Alberta Court of Appeal in Campbell v. Campbell, 2018 ABCA 46, agreed with the chambers judge, dispensing with the consent of the appellant-father of the deceased to have his son's remains tested ...
Torkin Manes LLP
As Canada's baby boomers age, their health declines and legal issues can increase. Many of those issues involve questions of ‘capacity' — often, whether an individual has or had the capacity to make certain financial decisions.
O'Sullivan Estate Lawyers LLP
There is a convergence of a number of factors that will cause us to increasingly think much longer and harder about what we need to do to best plan for our incapacity.
Lerners
As a general rule, the Estate Trustee is given one year to administer an Estate, including to distribute money from the Estate to the beneficiaries (this is called the "executor's year").
O'Sullivan Estate Lawyers LLP
Having a power of attorney for property is a document we continually recommend to clients who are in the process of updating their estate plans.
Fogler, Rubinoff LLP
It is helpful to note that an individual is only guilty of an offence regarding over-contribution if they knowingly exceed the contribution limit.
Lerners
It is usual or proper for an Estate Trustee to send beneficiaries releases or waivers and ask the beneficiaries to sign the release and/or waiver before they are given their inheritance.
WMCZ LPC
Those of us lucky (or unlucky) enough to own pets know they are integral members of the family unit.
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Blaney McMurtry LLP
It has been a busy week at the Court of Appeal and a notable one at our office. I would first like to congratulate Varoujan Arman and Megan Hodges of our office, who successfully responded to an appeal ...
Blaney McMurtry LLP
In Nodel v. Stewart Title Guaranty Company, 2018 ONCA 341, the title insurer, Stewart Title, sought to avoid coverage for a mortgage fraud on the basis of an exclusion that purported to exclude...
Rotfleisch & Samulovitch P.C.
A common law marriage is an informal relationship that does not require the legal form of a statutory marriage.
O'Sullivan Estate Lawyers LLP
There is a convergence of a number of factors that will cause us to increasingly think much longer and harder about what we need to do to best plan for our incapacity.
Thompson Dorfman Sweatman LLP
What can you expect? What is probate, what's it going to cost and how long will it take?
Field LLP
Alberta Courts have been busy on the topic of costs in estate litigation in the past few months
Lerners
As a general rule, the Estate Trustee is given one year to administer an Estate, including to distribute money from the Estate to the beneficiaries (this is called the "executor's year").
Field LLP
Perhaps encouraged by the recent decision in Marasse Estate, we have another recent case from the Alberta Court of Queen's Bench addressing an estate's ability to claim spousal support...
O'Sullivan Estate Lawyers LLP
Having a power of attorney for property is a document we continually recommend to clients who are in the process of updating their estate plans.
Lerners
It is usual or proper for an Estate Trustee to send beneficiaries releases or waivers and ask the beneficiaries to sign the release and/or waiver before they are given their inheritance.
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