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Extending Time Periods for Making an Election Following the Death of a Spouse

Time limits are an important consideration if you are contemplating making any kind of legal claim.  In this blog, we will look at the time period in which a surviving spouse must decide whether to elect for an equalization of the deceased spouse’s estate and the circumstances in which it may be appropriate to extend […]

Lack of Capacity in Family Law Matters: Use of the “Special Party” Rule

The recent decision in the case of Chai v. Law 2020 ONSC 6998 provides a useful summary of the procedural steps and evidence required for someone to be appointed as the litigation guardian for a party involved in a family law claim. Mr. Chai and Ms. Law were a married couple who were divorced in […]

Discussing End of Life Wishes: Organ Donation

According to the Trillium Gift of Life Network, 90% of Ontarian are in favour of organ donation but only one in three Ontarians have registered their consent to donate.  These figures match up with statistics for the rest of the country as well.  The Organ Project, a not-for-profit organization focused on ending the organ transplant […]

Foreign Estate Trustees and Assets in Ontario

In this previous blog, Diana Tebby provided an overview of the process of applying for probate or, as she points out, what is now called making an “Application for a Certificate of Appointment of Estate Trustee with [or without] a Will”.  This process, as Diana writes, is the Court procedure for the formal approval of […]

Collaborative Family Law: Working with a Family Relations Professional in Your Separation

Collaborative practice offers an alternative for separating spouses who want to avoid the conflict and cost of litigation in their separation.  In this earlier blog, we described what makes the Collaborative practice different from other alternative dispute resolution options, such as mediation.  One of the distinguishing factors in the Collaborative practice is the use of […]

The Costs of a Gift of Real Property

When giving the gift of real property, whether it be through a life interest or as an outright gift, it is important to give due consideration to how the expenses and liabilities that go along with the property will be dealt with after death to ensure your gift is carried in the way you intended. […]

Guardian of Property and the Requirement for Security

Court-appointed Guardians of Property are appointed under section 22 of the Substitute Decisions Act and are tasked with the responsibility of managing the property of an incapable adult.  In some cases, security, typically in the form of a bond, will be required when the Guardian is appointed.  This blog will look at the circumstances in […]

Executing Wills and Powers of Attorney by Counterpart During COVID-19

Following on the Order in Council made on April 7, 2020, the province has passed a subsequent Order on April 22, 2020 which allows for wills and powers of attorney that are signed in the presence of witnesses using audio-visual communication to be executed in counterpart.  This Order will help to ensure that the process […]

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