Providing for Disabled Beneficiaries: The Supreme Court of Canada and Henson Trusts
If you are preparing your will and you want to leave a gift for a beneficiary who is disabled, you need to ensure that you are receiving advice regarding the best way to provide for your loved one after your death. There are various ways to provide for a disabled beneficiary after your death. One […]
Living Arrangements Following Separation: Can I Make My Spouse Leave the Matrimonial Home?
Married spouses are each entitled to possession of the matrimonial home, even if only one spouse is the owner. Following a separation, living in the same house can be difficult and stressful. So, what can you do? Can you require your spouse to leave the house? The short answer is no, at least not without […]
Passage of Time and Parenting Arrangements: What Constitutes a Material Change in Circumstances?
If you have young children at the time of separation, the idea of a Court Order being “Final” is something of a misnomer, specifically as it relates to parenting. As children develop and their needs and circumstances change, parenting arrangements may need to be adjusted. This raises the question of whether the passage of time […]
Transferring Assets into Joint Names and the Impact on Estate Planning
There can be a variety of reasons why someone might choose to transfer a solely-held asset into joint names. For example, a child might be assisting a parent to manage their finances — the child is added to bank accounts or investment accounts or a parent thinks that since they will be giving their home […]
New Year, New Beginnings
A quick Google search of the words “January” and “divorce” will lead you to several articles about the spike in separations and divorces in the month of January. Whether or not January is actually the month which sees the most marital breakdowns, it is undoubtedly true that the month following the holidays is a time […]
Is Your Personal Injury Settlement Protected in the Event of a Family Law Claim?
In the event of a separation, there will be an equalization of the property that was accumulated during the marriage. What does this mean for individuals who are separating and who received a personal injury settlement during the marriage? The answer is – it depends. How the settlement is treated will be determined by the […]
Demystifying Powers of Attorney: Powers of Attorney for Personal Care
Appointing a Power of Attorney for Property and for Personal Care is an important part of any estate plan. Unlike a will, Power of Attorney documents are for use when the grantor is still alive; an Attorney loses the authority to act upon the death of the grantor. In Ontario, Powers of Attorney are governed by […]
Demystifying Powers of Attorney: Powers of Attorney for Property
Appointing a Power of Attorney for Property and for Personal Care is an integral part of any estate plan. Unlike a will, Power of Attorney documents are for use when the grantor is still alive; an Attorney loses the authority to act upon the death of the grantor. In Ontario, Powers of Attorney are governed by the […]
Technology and Family Law – How Technology Can Help You Co-Parent
When one household turns into two following a separation, there are many adjustments for parents and children to make. Everyone is adjusting to a new reality, new schedules and new ways of communicating with each other. Below we have listed different tools which, when used effectively and appropriately, can help to ease the transition into […]