Archive for the ‘Estate Litigation’ Category

Ontario Court of Appeal Considers When is a Gift Not a Gift

Monday, August 29th, 2011

Today's blog is written by Angela Casey, a lawyer at de VRIES LITIGATION In a decision released at the end of July, the Ontario Court of Appeal reviewed the constituent elements of a legally valid gift. The issue on appeal in McNamee v. McNamee was whether 500 common shares in the family ...

Remembering Estate Planning During and After a Separation

Thursday, August 25th, 2011

The recent endorsement issued by Justice P.C. Hennessy in Makarchuk v. Makarchuk, 2011 ONSC 4633 serves as a reminder of the importance of considering estate planning issues when spouses are separating. The son of a deceased testator applied to the court for advice and direction with respect to the last will ...