Mondaq Canada: Family and Matrimonial
Torkin Manes LLP
In the eyes of an Ontario family law lawyer, one of the most significant consequences of marriage is the sharing of property regime that will apply in the event of separation.
Clark Wilson LLP
In a recent decision, Mother 1 v. Solus Trust Company, 2019 BCSC 200, Justice Myers questioned the relevance of the term "marriage-like relationship", a central issue in many estates and family cases.
Clark Wilson LLP
Two recent decisions from the Supreme Court of British Columbia illustrate the importance, and difficulty, of determining the intentions someone who transfers property when ownership
Torkin Manes LLP
Family lawyers advising their clients inevitably tell them something like this: Provide full financial disclosure to your spouse or your agreement could be set aside.
Spiegel Sohmer
Proper estate and incapacity planning are important for people from all walks of life, however there are often important nuances to understand ...
O'Sullivan Estate Lawyers LLP
Many people who live or have assets in Ontario are concerned about the amount of Estate Administration Tax (probate fees or "EAT") that will be payable on their death given the high rate of approximately 1.5% of the value of estate assets.
Miller Thomson LLP
No contest clauses, or "in terrorem" clauses (latin for "in terror" or "by way of threat") are often used in wills to attempt to create a consequence or an ability to prevent a gift, if certain conditions are not met or certain actions are taken.
Miller Thomson LLP
When estate planning involves a transaction with an elderly person or a person of full age in a vulnerable situation ("Vulnerable Person"), lawyers and notaries ("Legal Advisers") must be careful to reconcile the wishes of the parties, the protection of the vulnerable client and professional secrecy.
Devry Smith Frank LLP
We are all familiar with the skyrocketing price of homes in Toronto and the surrounding area. It is not a simple feat to purchase a home – it requires a lot of hard work and obviously, money.
O'Sullivan Estate Lawyers LLP
In this Client Advisory, we present an overview of Ontario's estate administration tax (formerly "probate fees") regime. As well, we highlight reporting requirements implemented by the Ontario
Bennett Jones LLP
If you are a beneficiary in a will that contains a no-contest clause, and you don't like what the will directs, be careful before you question its validity. You just might lose everything.
Cox & Palmer
In Re A.A., the Newfoundland and Labrador Court of Appeal has affirmed that the Supreme Court Trial Division may grant general orders for a unique form of guardianship of adults who live with a mental disability.
Fasken
When an individual dies, his or her will is typically probated through the Ontario Superior Court to enable the executors to effectively administer the estate.
O'Sullivan Estate Lawyers LLP
In my July 2018 article Estate planning for millennials: No time like the present, I discussed the importance of millennials and estate planning and the unintended consequences that can result from failing to have proper planning in place.
Gowling WLG
On December 5, 2018, we advised you of Re Milne, an Ontario court decision that called into question the effectiveness of certain wills, known as "multiple wills."
Miller Thomson LLP
Common law relationships are increasingly common in Canada; however, many people do not realize the differing obligations and legal rights of married versus unmarried spouses upon separation.
O'Sullivan Estate Lawyers LLP
Our clients are increasingly mobile and often have connections to multiple jurisdictions.
O'Sullivan Estate Lawyers LLP
Owning property in another jurisdiction often means more complexity, and those who do should have a co-ordinated and comprehensive estate plan to deal with their multijurisdictional lives in order to avoid often hidden pitfalls.
O'Sullivan Estate Lawyers LLP
Our clients are increasingly mobile and often have connections to multiple jurisdictions. This mobility often entails property ownership in a foreign jurisdiction —
Thompson Dorfman Sweatman LLP
When I first sit down with someone going through a separation, especially when the cause of the breakdown in the relationship was due to infidelity ...
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Blaney McMurtry LLP
Topics covered included another decision in the ongoing Residential School Settlement saga (procedural fairness), family law (unequal division of property and striking pleadings for failure to comply with disclosure order)
Blaney McMurtry LLP
In Atos IT Solutions v Sapient Canada Inc., the Court confirmed that the "minimum performance principle" places a common law limit on expectation damages for breach of contract.
Clark Wilson LLP
The case of Gully v Gully, 2018 BCSC 1590 provides useful insight on a peril of putting property into joint tenancy. The decision illustrates the importance of considering the financial status...
Miller Thomson LLP
Born in Vancouver, raised in Toronto, educated in New York, graduate degree from England, first job in Hong Kong, transferred to Tokyo, retired in the Cayman Islands.
Fogler, Rubinoff LLP
The government has not proposed any legislation at this time, so the details of any reform remain vague.
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.
Blaney McMurtry LLP
A trust company manages the money through an investment account.
Fogler, Rubinoff LLP
The technique of using multiple wills, which became the standard among estate planning solicitors as a method of limiting the amount ...
Devry Smith Frank LLP
We are all familiar with the skyrocketing price of homes in Toronto and the surrounding area. It is not a simple feat to purchase a home – it requires a lot of hard work and obviously, money.
Blaney McMurtry LLP
Following are the summaries for this week's civil decisions of the Court of Appeal for Ontario. There were only three substantive decisions.
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