Mondaq Canada: Family and Matrimonial
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.
Borden Ladner Gervais LLP
Financial institutions are besieged by requests to release the assets of deceased people without a probated Will.
Clark Wilson LLP
On the subject of musician Prince dying without a will, Richard Weiland was interviewed by All In a Day on CBC Radio in Ottawa yesterday on the matter of dying intestacy (without a will).
Miller Thomson LLP
In a recent decision, the Ontario Superior Court of Justice ruled on whether a non-contributing joint bank account holder owed a fiduciary duty to the contributing joint bank account holder...
Miller Thomson LLP
In Abdollahpour v. Banifatemi, 2015 ONCA 834, the Ontario Court of Appeal ruled on how particular cultural practices should be treated when being used as a basis for legal arguments.
Pallett Valo LLP
In our December 2015 Wills, Estates & Trusts Newsletter, we discussed the controversial decision of Spence v. BMO Trust Company. - See more at: https://www.pallettvalo.com/news-centre/newsletters/spence-v-bmo-ndash-an-update#sthash.iDOLbV8K.dpuf
Borden Ladner Gervais LLP
The executor's application was dismissed with costs payable to Scotiabank.
Borden Ladner Gervais LLP
Many financial advisors recommend that their clients make powers of attorney for property and personal care, and so are drawn into discussions about end-of-life care.
Crowe Soberman LLP
Collaborative Family Law is based on a commitment by the participants to a principled, negotiated settlement that focuses on client empowerment without the threat or use of court action.
Minden Gross LLP
In the recent case of Spence v. BMO Trust Company et al., the Ontario Court of Appeal dealt with the interesting question as to whether or not the court can set aside a bequest in a Will because it may have been motivated by racism.
Borden Ladner Gervais LLP
Joint ownership of property is increasingly a source of family disputes. Older people commonly put assets into joint ownership with their children hoping to minimize probate fees or other taxes.
Miller Thomson LLP
It is a hallmark of common law jurisdictions that testators have freedom of testamentary disposition, subject only to three exceptions.
Clark Wilson LLP
Prior to 2016, any charitable gifts made in an individual's will were deemed to have been made by the individual immediately before death.
Clark Wilson LLP
Many estate plans involve a "bare trust." This document allows one person to hold the legal title of a property in trust for another person who is the true beneficial owner.
Crowe Soberman LLP
Have you ever Google-searched your name on the Internet? If so, were you shocked at what you discovered?
Clark Wilson LLP
After the Supreme Court of Canada decision in Carter v. Canada (Attorney General), the Special Joint Committee of Physician-Assisted Dying was appointed to make recommendations on the framework...
Dale & Lessmann LLP
My recent blog posts Changes to the Taxation of Trusts and Estates – What You Need to Know and Graduated Rate Estates – Benefits and Drawbacks touched on issues with the newly enacted tax rules for trusts and estates. Bill C-43, which came into effect January 1, 2016 (the "new rules"), was widely questioned in regards to its treatment of life interest trusts and estate donations.
Miller Thomson LLP
In an effort to recognize same sex couples as well as the increasing use of assisted reproduction, the Ontario government has put forth a number of proposed amendments to Ontario statutes in Bill 137, An Act to amend the Children's Law Reform Act, the Vital Statistics and other Acts with respect to parental recognition, also known as Cy and Ruby's Act (Parental Recognition), 2015 ("Bill 137").
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Minden Gross LLP
Most homeowners in Canada know that when they sell their principal residence, any resulting gain will not be subject to tax in Canada.
Torkin Manes LLP
In a perfect world, parents could assist their children financially without concern for the future viability of their children's marriages.
Blaney McMurtry LLP
The Court of Appeal had a busy week and released a number of civil decisions, many of which were procedural in nature – extension of time, leave to appeal, limitation periods, Rule 21.
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.
Lerners
This month's netletter summarizes appeal decisions with respect to the limitation period for a continuing breach of contract, the application of estoppel in a will challenge, when an unequivocal bequest in a will can be contrary to public policy, limitation periods in actions against lawyers and how an accident is defined in the Statutory Accident Benefits Schedule.
Borden Ladner Gervais LLP
Many financial advisors recommend that their clients make powers of attorney for property and personal care, and so are drawn into discussions about end-of-life care.
Borden Ladner Gervais LLP
The executor's application was dismissed with costs payable to Scotiabank.
Miller Thomson LLP
In a recent decision, the Ontario Superior Court of Justice ruled on whether a non-contributing joint bank account holder owed a fiduciary duty to the contributing joint bank account holder...
Aird & Berlis LLP
When a person resident in Ontario dies and is the sole owner of property, generally a "probated" Will is required by the bank...
Pallett Valo LLP
In our December 2015 Wills, Estates & Trusts Newsletter, we discussed the controversial decision of Spence v. BMO Trust Company. - See more at: https://www.pallettvalo.com/news-centre/newsletters/spence-v-bmo-ndash-an-update#sthash.iDOLbV8K.dpuf
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