Mondaq Canada: Family and Matrimonial
Alexander Holburn Beaudin + Lang LLP
The sons of the deceased successfully set aside a joint tenancy between the deceased and her daughter on the basis of undue influence despite the fact that the deceased had received independent legal advice.
Minden Gross LLP
An often-quoted statistic is that only about 10 per cent of familyowned businesses remain sustainable into the third generation. This has a lot to do with the lack of proper planning while the founding...
Pallett Valo LLP
As detailed in our previous article, Spousal Election: Rights of a Surviving Spouse, we are not fully at liberty to simply do with our property anything we wish upon death.
Clark Wilson LLP
In British Columbia, courts have the ability to change a deceased's will, if the court rules that the will fails to make "adequate provision" for a surviving spouse or child of the deceased.
McCarthy Tétrault LLP
This case illustrates well that some of the principles of the law of domicile, like the doctrine of revival, are antiquated and out of touch with modern reality with its widespread immigration and mobility.
Field LLP
As a young, healthy parent, you may believe that having a Will is the last thing on a long priority list. However, while a Will is vital for everyone, those with children should be particularly mindful of the primary importance of having a Will.
Alexander Holburn Beaudin + Lang LLP
It is not uncommon for parents to provide monetary gifts to their adult children. Parents may wish to help their child with a down payment on a property, or help pay out their child's existing mortgage.
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 Does the other joint accountholder have any right to claim against the withdrawn funds?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.
Borden Ladner Gervais LLP
In a recent decision on an application by Royal Trust Corporation of Canada, Justice Mitchell of the Ontario Superior Court of Justice found a donation in a will to be contrary to public policy.
Clark Wilson LLP
I blogged a few years ago on the old law of presumption of advancement and new law of presumption of resulting trust established in the landmark Supreme Court of Canada Pecore decision.
Minden Gross LLP
At common-law, where a property is purchased with one person's money and title is put in the name of another, there is a presumption that the title holder holds title in trust for the person who contributed the money.
Borden Ladner Gervais LLP
The Ontario Court of Appeal recently overturned an Application Judge's decision to set aside a will on public policy grounds, emphasizing the principle that the scope for judicial interference with a testator's wishes is limited.
McInnes Cooper
McInnes Cooper's Marc-Antoine Chiasson and Romain Viel represented the successful party in the application for leave to appeal to the Supreme Court, and Marc-Antoine represented her throughout her challenge of Mr. McCorkill's bequest.
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...
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...
Fuller Landau
It's no secret that building a successful food or beverage business requires persistence, dedication and personal sacrifices.
Alexander Holburn Beaudin + Lang LLP
When an individual has not planned for mental incapacity by preparing an enduring power of attorney instrument, representation agreement and/or advance directive, a committee application is typically required.
Clark Wilson LLP
Proprietary estoppel is a legal doctrine that protects parties who detrimentally rely on assurances made by others about their property.
Torkin Manes LLP
In a perfect world, parents could assist their children financially without concern for the future viability of their children's marriages.
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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.
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?
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...
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...
McLennan Ross LLP
Every spring day brings us closer to warm summer afternoons, perfect for lounging on the deck or at the lake with a cold beverage and our favorite reading material.
Borden Ladner Gervais LLP
Financial institutions are besieged by requests to release the assets of deceased people without a probated Will.
Crowe Soberman LLP
Have you ever Google-searched your name on the Internet? If so, were you shocked at what you discovered?
Borden Ladner Gervais LLP
In February of this year we issued a number of bulletins describing legislative changes coming into force in 2016 which will have a significant impact on estate planning.
Minden Gross LLP
Last month I discussed how estate freezes were a good planning tool for family-owned businesses.
Blaney McMurtry LLP
Topics covered included family law, professional negligence, professional misconduct, vexatious litigants, dismissal for delay...
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