divorce

Disinheritance of Separated Spouses Takes Full Effect

Today’s blog post was written by Latoya Brown, Associate at Fasken LLP. As the year draws to a close, it’s a natural time for reflection and planning. Many will be reviewing the past year, evaluating their goals and making new ones for the new year. In the realm of estates, it’s an ideal time to review your estate plan to ensure it is up to date as well as note….

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Estate Administration, Estate Planning, Family Conflict, Separation, Wills

Separation and Divorce: Implications

Separation and Divorce: Implications[1] 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 – Common-Law Partners: Support: For common-law couples, a partner may be able to apply for support if….

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Separation, Spouse

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.

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Estate Litigation, Succession Planning, Wills

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. For those of you who are not familiar with Patricia, she was at one time married to a billionare television….

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Estate Planning, Investments, Spouse, Succession Planning, Trustee, Trusts
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