Estate Law
Estate Law
What happens to one party’s inheritance when a couple separates? The answer depends on how the inheritance entered the relationship, and how it was spent, if at all. If one spouse receives an inheritance during the marriage and retains it, it will most often be excluded from the division of property upon separation. In the…
Wills are not often thought of as contracts, but they are often viewed as one. While there is no question that having a properly drafted will is one way to lessen the possibility of estate litigation, if contention does arise, courts will interpret the language used in the will to assist in determining the intention…
Whether you’re preparing your will or amid an estate dispute, you might be wondering about the financial implications of inheritance or estate disputes-for example, are estate settlements taxable? Or, what taxes do I need to pay before distributing estate assets? This article will provide some general information about how inheritance and settlements are treated for…
Creating a Will is one of the most critical steps to take when preparing for what happens to your estate. Preparing a valid Will is the best way to ensure that your assets will be distributed amongst your family, loved ones, friends, or charities as you see fit. Without a Will, if you die, your…
A power of attorney transfers decision-making authority about your legal and financial affairs to another individual. It can be used to allow a family member or friend to make decisions about your health or personal property. Sometimes, disputes arise over the validity of a power of attorney, the decisions made by attorneys, and other related…
Estate litigation can be challenging for all involved. But what can make it more challenging is when a party abuses the process to the point that litigation is unnecessarily prolonged over several years. This can only bestow added hardship on those trying to cope after the passing of a loved one. This scenario occurred recently…
Not all estate litigation is contentious. Sometimes parties come to court intending to settle a dispute amicably. Moreover, the court is usually interested in helping resolve disputes without unnecessary expense. In the recent case of O’Connor v. Dell before the Ontario Superior Court of Justice, a testator’s Will did not account for circumstances that arose…
An unfortunate reality for many families is that their loved ones are at risk of being taken advantage of as their mental state declines. Sometimes, the people taking advantage of an individual’s diminished capacity are the same ones that should be providing care and attention. When such an instance occurs, it can lead to a…
Family life can be complicated, especially when it comes to entitlement to finances. In some cases, conflict looms so large that it causes significant hardship when someone dies and their estate is administered. In a case before the Ontario Court of Appeal earlier this year, a family’s conflict led to lengthy litigation regarding the establishment…
The question of whether a family law support order or a divorce support order is binding on a deceased spouse’s estate is an interesting one that bears close consideration during the estate planning process. If not properly addressed, disputes regarding support obligations can lead to estate litigation if such matters are not completely considered and understood in…