Common law couples do not have the right to seek an equalization of family property under current Ontario legislation – this fact cannot be overstated. As discussed in a previous post by my colleagues: Division of property is dealt with in Part I of the Family Law Act. When married couples separate, generally speaking they…
It is becoming increasingly common for lawyers to discuss or recommend to clients to have two wills prepared if the testator has a substantial investment in one or more private companies . This plan involves having one will to govern the estate assets that require probate and a second will to govern those estate assets…
When a person dies, his or her common law spouse is usually entitled to make a claim for support against the estate of the deceased partner, much like the situation between living spouses after a separation. Where the true nature of the relationship is in dispute, whether or not a person qualifies as a common…
In Ontario there is a family property regime set out in the Family Law Act (FLA) which provides for the equal sharing of property accumulated by married parties during their marriage. Note, this provision does not apply to common-law spouses. What happens if, after the death of one married spouse, it is discovered that the…
In our last post we covered some of the primary responsibilities and basic legal requirements of powers of attorney for property and personal care. We now turn to some questions people often have about a person getting paid for being an attorney, questions such as: Will the person designated as attorney be paid for his…
As the second installment in our mini series on wills & estates, we will review some of the basic legal principles about powers of attorney in Ontario, why they are important and how they fit into your overall estate plan. A will is only effective from the date of the death of the testator. People…