Mondaq Canada: Family and Matrimonial
The Ross Firm
Media influence tends to stick. It has amazing tenacity for leaving its mark on everyday lives. Take divorce, for instance.
Alexander Holburn Beaudin + Lang LLP
Dual wills are an estate planning tool that has gained popularity in British Columbia since 2014, when the Wills, Estates and Succession Act ("WESA") came into effect.
Devry Smith Frank LLP
A recent decision from Saskatchewan's Court of Queen's Bench has drawn the attention of pet owners after the judge ruled that dogs are to be considered property...
McLennan Ross LLP
There are many reasons for you to make a will. Do you have children? Do you own a house, car, valuable personal items, or shares in a business?
Lerners
A Testator had a signed Will that they kept in their safety deposit box. After the Testator died, the signed Will could not be located in the safety deposit box, or at all.
Clark Wilson LLP
"Testamentary freedom" is the notion that a will-maker (or "testator") is entitled to divide her property upon death however, and to whoever, he or she sees fit.
Norton Rose Fulbright Canada LLP
Has a friend or family member asked you to act as executor of his or her Will? Are you struggling to decide who to appoint as your executor?
Bennett Jones LLP
As a result, the daughter was directed to pay over to the Estate the proceeds of the sale of the residence.
Bennett Jones LLP
In Craigmile Estate (Re), 2016 ABQB 125, the Court considered an application to vary the terms of a will to provide maintenance and support to the testator's adult dependent child.
Bennett Jones LLP
The recent case of Yaworski Estate (Re), 2016 ABQB 86 serves as a reminder to warring beneficiaries that their modest inheritances could be eaten up by administration and legal fees...
Norton Rose Fulbright Canada LLP
A trust can also be an effective way to protect assets from future family law or creditor concerns of a beneficiary, and in some limited circumstances, of a settlor.
Norton Rose Fulbright Canada LLP
There can be many good reasons to enter into a Marriage or Cohabitation Agreement. Perhaps there are children from a previous relationship who must be protected.
Norton Rose Fulbright Canada LLP
Many businesses are owned through privately held companies. Yet people who own shares in those companies often overlook an estate planning opportunity that can achieve significant savings...
Norton Rose Fulbright Canada LLP
Many people have trouble finding the time to make or update a Will. It is at the back of their minds, but somehow other things always manage to take priority.
Norton Rose Fulbright Canada LLP
WESA gives the Supreme Court of British Columbia broad powers to vary the will of a deceased person if it does not make adequate provision for the proper maintenance and support of...
The Ross Firm
Depending on whether a couple is married or living common-law, Ontario's laws governing the fate of a habitual residence are very different.
Devry Smith Frank LLP
Holidays (be they Christmas, Chanukah, Kwanza, Eid, New Years, or any other important celebration) can be difficult for separated families.
Devry Smith Frank LLP
Breaking up, as they say, is hard to do. Where there are children in the equation, the question of a parent's access to the child(ren) can add substantially to the hardship.
Devry Smith Frank LLP
On 29 November 2016 the Ontario Legislature passed, unanimously, Bill 28, the All Families Are Equal Act (the "Act").
McLennan Ross LLP
Parents who transfer land or personal property to their children often do so with little or nothing in writing to document the transfer.
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Crowe Soberman LLP
Change is a natural part of life – for people as individuals and in the lifecycle of a business as well. Companies must grow, evolve and re-invent to stay competitive in an ever-changing world.
McLennan Ross LLP
Your will enables you to determine the beneficiaries of the property in your estate.
Minden Gross LLP
For high net worth individuals and families, taxes resulting from the disposition of an estate can be onerous and can impede a smooth transition of a business to the next generation.
Minden Gross LLP
Looking to found a family business dynasty? Here's a sobering statistic: Only about 10% of family-owned businesses make it past the third generation.
Miller Thomson LLP
In Becker v. Becker, the Supreme Court of British Columbia considered whether a testator who had been hospitalized with an inoperable brain tumour had the requisite testamentary capacity...
Borden Ladner Gervais LLP
Can one owner of a joint bank account withdraw all of the funds for their own purposes? Does the other joint accountholder have any right to claim against the withdrawn funds?
Lerners
Some people will ask: "Can I give away my estate to whomever I want? The answer is not as simple as they may want.
Miller Thomson LLP
The recent Alberta Court of Queen's Bench case, Morrison Estate (Re), 2015 ABQB 769, considered whether the presumption of resulting trust should be applied...
Lerners
A Testator had a signed Will that they kept in their safety deposit box. After the Testator died, the signed Will could not be located in the safety deposit box, or at all.
Miller Thomson LLP
Since the enactment of the Family Law Act, Courts have struggled with determining, firstly, if and when the interest of a spouse in a discretionary trust qualifies as "property" as defined...
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