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Stuart v. Stuart: When Spouses “Separate” Due to Changing Medical Needs

Separation for medical reason affects married spouses whom are forced to live apart due to one’s changing medical needs or deteriorating health. In Stuart v. Stuart, 2019 ONSC 4328, the Ontario Superior Court of Justice was asked to assess how a physical separation due to a spouse’s admission to a long-term care facility impacts the […]

Estate Planning, Joint Assets, Passing of Accounts

Testamentary Freedom – A Fundamental Right?

Whether testamentary autonomy is a constitutionally protected right has not been considered by the courts … until now. The rules of testamentary succession (i.e. wills and estates) are governed by provincial law. While each province and territory has its own set of statutes, most have imposed some requirements that the deceased make “adequate provision” for

Court Applications to Interpret a Will or Trust, Dependant’s Relief Claims, Estate Planning, Forms of Relief, In The News, Legal Opinions on Estate Administration, Other Claims & Remedies Against Estates

Sealing One’s Fate: The Sherman Murders, Probate and Perseverance

The Sherman murders remain famously unresolved and still generate headlines and notoriety. But, for better or worse, life moves on and Barry’s and Honey’s respective estates (collectively the “Sherman Estates”), however mundane, need to be probated and administered. In that regard, the Court of Appeal for Ontario (“OCA”) recently released a decision on an appeal

Estate Administration, Estate Litigation, Forms of Relief, In The News, Other Claims & Remedies Against Estates

Supreme Court Blesses Henson Trusts

The Supreme Court of Canada has given its blessing to Henson Trusts (fully discretionary trusts set up to not impact the beneficiary’s social assistance benefits) in S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4. I previously blogged about this case when it was before the Court of Appeal. The Metro Vancouver Housing Corporation (the

Estate Litigation, Estate Planning, Trusts

To Remove or Not to Remove … That is the Question

Estates tell a million stories and the case of Ford v Mazman, 2019 ONSC 542, is just one of them. Mary died on April 3, 2017. Mary’s 2004 Will named her two nieces, Laura and Carleen, as sole beneficiaries. Mary appointed her close friend, Seta, as her estate trustee/executor. Laura had travelled to Ontario from

Advice to Executors and Trustees, Court Applications to Remove an Executor / Estate Trustee, Estate Administration, Estate Litigation, Passing of Accounts
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