Being a Spouse Matters: Two Examples

by: , February 26, 2024

Ontario law recognizes two forms of spousal relationships: marriage and common law partnerships. While certain statutes may modify or create their own definition of common law partnership, the definitions found at s.1 and s. 29 of the Family Law Act, RSO 1990, c F.3 are the standard. As a reminder, in Ontario, a common law…read more

Am I a Spouse? The Mystery of Spousal Benefits

by: , February 13, 2023

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…read more

Mirror Wills and Mutual Wills: Cooperative Estate Planning

by: , January 9, 2023

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…read more

The Terrifying “In Terrorem” Clause

by: , October 31, 2022

OoooooooooOOO! It is the scariest clause around; more frightening to beneficiaries than a killer Santa “clause”. Also called a no-contest clause, an in terrorem clause translates literally to “in fear” in Latin. In the estate planning context, it is a clause which forces or prohibits beneficiaries from doing something, using the fear of a loss…read more

When does a house automatically go to a beneficiary?

by: , July 5, 2021

Just because you are a beneficiary of someone’s estate does not mean you automatically receive your entitlement. Instead, you will have to wait until it is transferred to you. However, in certain circumstances you may receive real property (e.g., a home) directly three years after the deceased’s passing. When someone dies, their property vests in…read more

Part II – Best Practices on Digital Estate Asset Planning

by: , March 22, 2021

Dear Readers, As you might recall, last Monday’s blog was about cautionary tales which demonstrate the need for prudent estate planning regarding one’s digital assets. I ended that blog on the suggestion that until Ontario accepts the changes proposed by the Canadian Uniform Law Commission’s  Uniform Access to Digital Assets by Fiduciaries Act, it is…read more

Cautionary Tales on Digital Estate Asset Planning

by: , March 15, 2021

The Age of Digital Assets  A collage of from the artist Mike Winkelmann, better known as Beeple, has recently sold for $69 million dollars. This marks the first purely digital work of art ever offered by a major auction house. However, what was sold is not art in the traditional sense. There are numerous copies…read more

Marriage, Divorce, and Wills – Unforeseen Consequences

by: , January 25, 2021

As estate lawyers, we are often asked how to avoid litigation after someone dies. While there is no way to guarantee that conflict will not arise after death, it is always helpful to have a plan; in other words, make a will. However, even if you have made a will, your job does not end…read more

What Happens to My Pet When I Die?

by: , December 14, 2020

For many, the greatest loves of their lives are their furry (or scaly) friends. As a result, there is often a strong desire to make sure they are properly cared for after the testator’s death. How to accomplish this is not always straightforward. In Ontario, animals are considered personal property. This means that you can…read more

Ten Things to Remember When Selecting Your Estate Trustee

by: , November 26, 2020

Much has been written about the importance of making a Will to ensure your estate is administered in accordance with your wishes, and benefits those whom you wish to inherit your property. However, your choice of executor, or estate trustee, as the role is now called in Ontario, is just as critical. Your estate trustee…read more