Mondaq Canada: Family and Matrimonial
O'Sullivan Estate Lawyers LLP
When it comes to spousal property division on death within the Canadian context, many different laws govern. Under constitutional law,
Devry Smith Frank LLP
What happens if your spouse just ups and leaves? Can you press charges? Is there an automatic right to divorce?
Torkin Manes LLP
If you are granted right of survivorship on a property, does that constitute a gift? And if so, when does the gifting take place — at the time the right is established,or after the joint owner's death
Gardiner Roberts LLP
Alternate Planning To Secondary Wills For Avoiding Probate And Estate Administration Tax
Devry Smith Frank LLP
Many payor parents in Ontario mistakenly assume that child support automatically ends when their child turns 18. The law, however, says otherwise.
McLennan Ross LLP
Your house, children, jewelry and art, these are all the typical items a person will think about when planning their Estate.
Fogler, Rubinoff LLP
The recent woes of the estates bar in connection with multiple Wills has been resolved positively by the Divisional Court's decision in the Re Milne appeal decision issued on January 24, 2019
Miller Thomson LLP
Much has been written recently about the extent of a testator's powers to delegate certain powers under his or her Will.
McCague Borlack LLP
The Ontario Superior Court of Justice decision in Milne Estate (Re), 2018 ONSC 4174, alarmed the Estate Bar and left people wondering whether they had to put on their running shoes and scurry to their lawyer's office...
Borden Ladner Gervais LLP
​For almost two decades, Ontarians have been using "multiple wills" to minimize the amount of tax ("Estate Administration Tax", or "EAT") their estates pay for obtaining a probated will.
O'Sullivan Estate Lawyers LLP
The law concerning assisted reproductive technology ("ART") occupies a unique space where the autonomy of the human body intersects with property rights ...
Miller Thomson LLP
Our national Private Client Services Group's cornerstone publication, Miller Thomson on Estate Planning, was cited favourably in the appeal decision of the Divisional Court ...
Miller Thomson LLP
On October 29, 2018, Miller Thomson LLP issued an advisory on the recent decision of the Ontario Superior Court in Milne Estate (Re) and its potential impact on multiple Wills.
Devry Smith Frank LLP
In recent years, it has become more common place to see "complex" families where one (or more parents) have children with several other parents, or is a step-parent to children in other families.
Torkin Manes LLP
The more complex our world has become, the more likely it is that litigation will involve expert evidence.
McInnes Cooper
On January 25, 2019, the Supreme Court of Canada considered, for the first time, "Henson trusts" and the nature of a disabled beneficiary's interest in them for the purposes of determining eligibility for social benefits programs.
O'Sullivan Estate Lawyers LLP
When clients and their assets become more globalized, they may face the possibility of multiple taxation on death.
O'Sullivan Estate Lawyers LLP
Parents often feel a sense of urgency about having a will in place to appoint a guardian for their minor children (any child under the age of majority).
O'Sullivan Estate Lawyers LLP
Last time, we discussed the factors clients should consider when transitioning the family cottage or vacation property. These factors included personal, family, tax and family law issues.
O'Sullivan Estate Lawyers LLP
Estate planning increasingly deals with challenging situations. These include blended families, where spouses have children from prior marriages and want to pass on their estate to their own children, rather than their spouse's children.
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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...
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)
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 ...
Alexander Holburn Beaudin + Lang LLP
With experts forecasting a cooling real estate market for the beginning of 2019, some executors may be tempted to hang on to real property that falls within an estate and wait until more favourable market conditions ...
O'Sullivan Estate Lawyers LLP
When clients and their assets become more globalized, they may face the possibility of multiple taxation on death.
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