Wills & Estates: Dual Wills

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…

Executor’s Compensation

What is it? Executor’s compensation is the money that is paid by an Estate to the trustee(s) or executor(s) who manage the Estate. A trustee or executor is the person appointed in a will to manage the affairs of the deceased’s estate. Although those terms refer to different roles they are often used together because…

Understanding Separation & Divorce

The term “divorce” has a very distinct legal meaning, yet many people fail to understand the difference between separation and divorce. Often the meanings of the two concepts are blurred together. To illustrate, a conversation around a water cooler somewhere in Ontario might go as follows: MAURICE:   Did you hear the news? Moe from marketing and…

Support for Common Law Spouses under the Succession Law Reform Act

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…

Grandparent Rights in Custody Cases

When we talk about access, which includes the right to see a child, we tend to think only in terms of the rights of the child’s parents. However, as the number of families affected by divorce increases, extended family members, including grandparents, begin to worry about their relationship with their grandchildren and whether or not…

Construction Liens: The Basics for Homeowners

As a homeowner undertaking a renovation project on your property, you may or may not be aware that the title to your property could become encumbered by a construction lien. Construction liens can create serious problems when you want to sell or mortgage your property. They also can affect your credit rating. Construction liens are…

Mediation and its Benefits

When a client thinks of hiring legal counsel to work on his or her behalf, thoughts of a lawyer in court objecting with conviction to everything said by the opposing party may come to mind. Hollywood movies such as The Rainmaker, A Few Good Men and many others would lead one to believe that this…

Wills 101 Mini-Series: Part I: Choosing an Executor

This first installment of our mini-series on wills is meant to provide some basic information about the selection of an executor. The estate trustee, also known as the executor, is the person named in a will who will be responsible for administering affairs after the death of the testator (the person making the will). This…

Matrimonial Home a Trap for the Unwary: Issue #1

The “matrimonial home” is given special treatment in the Family Law Act and that special treatment can involve huge unfairness to one of the parties to a marriage following marriage breakdown. One way in which this unfairness can arise involves a provision in the Family Law Act (paragraph 4(1)(b)) which defines “net family property” –a…

Wills and Estates 101 Mini-Series Part IV: Did He Die or Did He Separate?

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…

Get In Touch With Us

  • This field is for validation purposes and should be left unchanged.