Family and Matrimonial

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.
Article
Rasner v. Berger : quand un litige successoral engage la responsabilité personnelle de l’exécuteur
A British Columbia Court of Appeal decision confirms that executors who pursue litigation primarily for their own benefit rather than the estate's interests may be held personally liable for legal costs. The ruling examines when courts will look beyond an executor's representative capacity to determine who truly benefits from estate litigation and under what circumstances personal cost liability may be imposed.
Canada Family
MT
Miller Thomson LLP
Article
When Is A Gift Not A Gift: Estate Freezes And Family Law Considerations
A complex and challenging area of law is the intersection of trust law and family law. Ontario law, in contrast to many other common law jurisdictions, has given liberal treatment of a discretionary interest in a trust as property which can be subject to equalization under our family law legislation. See our prior blogs on this subject: Discretionary Trusts and Family Law Division: 50% of Zero is Still Zero (September 5, 2024) and Heads Up: Grappling with Family Law’s Treatment of Discretionary Trust Interests (January 6, 2015).
Canada Family
OE
O'Sullivan Estate Lawyers LLP
See more

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Article
Rasner v. Berger : quand un litige successoral engage la responsabilité personnelle de l’exécuteur
A British Columbia Court of Appeal decision confirms that executors who pursue litigation primarily for their own benefit rather than the estate's interests may be held personally liable for legal costs. The ruling examines when courts will look beyond an executor's representative capacity to determine who truly benefits from estate litigation and under what circumstances personal cost liability may be imposed.
Canada Family
MT
Miller Thomson LLP
See more
See more
Article
When Is A Gift Not A Gift: Estate Freezes And Family Law Considerations
A complex and challenging area of law is the intersection of trust law and family law. Ontario law, in contrast to many other common law jurisdictions, has given liberal treatment of a discretionary interest in a trust as property which can be subject to equalization under our family law legislation. See our prior blogs on this subject: Discretionary Trusts and Family Law Division: 50% of Zero is Still Zero (September 5, 2024) and Heads Up: Grappling with Family Law’s Treatment of Discretionary Trust Interests (January 6, 2015).
Canada Family
OE
O'Sullivan Estate Lawyers LLP
See more