Virtual Will and Power of Attorney Witnessing During Covid-19
As noted in this previous blog about estate planning during the pandemic, ensuring the proper execution of wills and powers of attorney during the pandemic posed a challenge given the requirements under the Succession Law Reform Act. In response to this, an emergency Order In Council has been made under the Emergency Management and Civil […]
Estate Planning During the Covid-19 Outbreak
If you were in the midst of preparing an estate plan before social distancing became the new normal, you may have questions about what the outbreak means for your planning. Alternatively, perhaps the outbreak has highlighted for you just how quickly life’s circumstances can change and making a will and powers of attorney has become […]
Over Involved Adult Children and Estate Planning: When Does Assistance Become “Suspicious”?
It is natural and expected that children want to assist their elderly or ill parents in any way that they can. In the context of estate planning, however, there is a risk that too much “assistance” may cross the line to create circumstances that are suspicious, thus leading to a finding that a will is […]
The Impact of Delay When Making a Claim for Spousal Support
Both married and common-law spouses may be entitled to support following the breakdown of a relationship. While other claims in family law are subject to limitation periods (for example, a claim for equalization of property), there is no limitation period for bringing a claim for spousal support under either the Family Law Act or Divorce […]
The Importance of the Valuation Date in a Separation and How It Is Determined
In Ontario, when a married couple separates, the property accumulated during the marriage is to be equalized. The “valuation date” is the date upon which assets and liabilities will be valued as part of preparing the equalization calculation. Assets and liabilities will also be valued as at the date of marriage. In most family law […]
Planning for the Unexpected: Selecting Guardians for Minor Children
A survey from 2018 estimates that 51% of Canadians don’t have wills. Of those polled, 25% think they are too young, and 23% don’t believe they have enough assets for a will. Eight percent reported that they didn’t have a will because they did not want to think about dying. I have heard from parents with young […]
How Long Do You Have to Bring a Claim to Set Aside a Marriage Contract?
The court’s decision in the matter of F.K. v. E.A. 2019 ONCA 3707 rules on the issue of limitation periods concerning claims to set aside a marriage contract. The court found that the request to set aside a Marriage Contract is a “claim” for the purposes of section 4 of the Limitations Act, 2002 S.O. […]
The Family Pet: What Happens to Fido in a Separation?
The beloved family pet, referred to by some as a fur baby, is often viewed by its owners as being a member of the family; a loyal, loving companion that greets you at the door when you arrive home. But when a couple separates, what happens to poor Fido? How does the law view the […]
Contingency Planning in Business: Are You Prepared for the Unexpected?
When you are busy building a business, planning and preparing for the unexpected may be the last task on your long to-do list. It is a task that is easy to push into the future when there are seemingly more pressing and urgent matters to manage and address. Succession and contingency planning, however, is something […]
