Estate Litigation

Dispensing With or Substitution of Personal Service

Personal Service An originating process is the very first document which allows either a plaintiff in an action, or an applicant in an application, to commence legal proceedings. Service of an originating process serves the important function of providing notice of the legal proceeding to those parties involved, and to other persons who could be

Estate Litigation

Am I a Spouse? The Mystery of Spousal Benefits

Under the laws of Ontario, certain rights and benefits are conveyed to a “spouse.” However, there is not a universal definition of “spouse”: whether you qualify for spousal benefits depends on the governing statute. Below is a summary of some of the most common rights and benefits sought by a “spouse” on the death of

Dependant’s Relief Claims, Estate Administration, Estate Planning, Guardianship Applications, Legal Resources, Power of Attorney, Spousal Elections

Probating vs. Interpreting Wills: What’s the Difference?

In the good ol’ days (before the 90’s), Ontario had two separate courts which were responsible for handling matters relating to wills and estates: the Surrogate Court and the Superior Court. The Surrogate Court had strict jurisdiction to deal with probate matters, such as determining whether a will was valid. In contrast, questions about the

Court Applications to Interpret a Will or Trust, Court Procedure, Estate Administration, Estate Litigation, Legal Resources, Probate

Mirror Wills and Mutual Wills: Cooperative Estate Planning

For many, marriage represents the intermingling of lives, families, and assets. It can also mean coordinating estate plans. Two common forms of coordinated estate plans are mirror wills and mutual wills – both are particularly useful if the couple have children, either together or from prior relationships. Knowing the difference between these two types of

Estate Administration, Estate Litigation, Estate Planning
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