All About Estates

Tag: divorce

Total 6 Posts

Separation and Divorce: Implications

In Ontario, there are significant implications when a couple (both common-law and married) separates and when a couple divorces. As more and more couples live in common-law relationships as well as the rate of divorce in this day and age, it is important to consider the following implications.  Separation –…

Continue Reading

Finance and Marriage

35% of Canadian marriages end in divorce before the 25th wedding anniversary. 43% of those divorced individuals re-marry and this leads to estate planning complexity

Continue Reading

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

In McNamee v. McNamee, the Court of Appeal reviewed the essential ingredients of a legally valid gift. The issue on appeal was whether 500 common shares in the family business, which had been transferred to Mr. McNamee Jr. constituted a gift for the purposes of s. 4(2) of the Family Law Act.

Continue Reading

spousal settlements

In my last Blog I wrote about how a surviving spouse received $70 per month for decades. In such a situation a Trustee is needed who will be around for a long time. The following example is at the other end of the spectrum. This example is about Patricia Kluge….

Continue Reading

The Beautiful And Damned (with apologies to F. Scott Fitzgerald)

The breakdown of a marriage or common law relationship can raise a host of complex legal issues both for the living and the dead. One issue that seems to crop up again and again is life insurance proceeds and who should benefit.

Continue Reading