Today’s blog was written by Tyler Lin, student-at-law at de VRIES LITIGATION LLP Widespread embrace of social media has brought text messages, e-mails, and postings to the forefront of evidence in criminal, civil and family law disputes. These sources are supposed to allow judges to glean insight into the life…
Use of spousal trust or common-law partner trusts Setting up a spousal or common-law partner trust is a very important decision that generally results from non-tax reasons. One of the common reasons for setting up this type of trust is to protect the surviving spouse from influencers who might try…
The Dutch House, by Ann Patchett, is an excellent read. However, for those in the estate planning profession, it is also a reflection on what goes wrong when insufficient or no estate planning occurs.
One of the duties of an estate trustee is to respond to litigation brought against the estate. The estate trustee is also the only person with the authority to start litigation on behalf of the estate. Because estates are not legal entities such as corporations, the party to the litigation…
Well-behaved children receive gifts from Santa, and poorly behaved ones just might receive a lump of coal. Does the law on dependant support work the same way?
Most know that you don’t have to be legally married to have a “spouse” for income tax purposes, although legal marriage will work. If you have been living with someone in a conjugal relationship for 12 months or more regardless of your sex at birth, you will be considered spouses…
In Ontario, the Family Law Act (“FLA”) regulates the division of property and the availability of spousal support on separation or death.
Each province in Canada establishes its own rules regarding the distribution of property where a person dies without a will. In Ontario, intestate succession is governed by Part II of the Succession Law Reform Act (the “SLRA”). Inheritance on intestacy is limited to married spouses and blood relations. If a…
Today’s blog was written by Tyler Lin, student-at-law with de VRIES LITIGATION LLP When a person passes away, what happens to those who were depending on them? In Ontario, the requirement to provide for your dependants does not end on death. Where the deceased has failed to leave adequate support…
As reported in the media[i] [ii] [iii], Nova Scotia’s appeals court recently heard a case involving a woman who is trying to stop her husband from receiving medical assistance in dying (MAiD). The woman is appealing a lower court decision that rejected her request for an interlocutory injunction against her…