Legal Resources

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

What is a Fiduciary?

The term “fiduciary” does not get thrown around frequently outside of some advertisements for investment services. However, fiduciary relationships are at the heart of estate and trust law. What follows is a “Fiduciary FAQ.” What is a fiduciary? A fiduciary is a person who holds some right, power, or authority which, when exercised, impacts the

Advice to Executors and Trustees, Estate Administration, Estate Litigation, Forms of Relief, Legal Resources, Other Claims & Remedies Against Estates, Solicitor’s Negligence, Trusts

Involving the PGT in Guardianship and Estate Matters

Guardianship and estate disputes often present complex family dynamics touching upon a myriad of issues. Where the interests of an incapable adult are involved in litigation, the office of the Public Guardian and Trustee (the “PGT”) becomes involved. By way of background, the PGT functions in accordance with the Public Guardian and Trustee Act and

Capacity, Capacity Litigation, Court Procedure, Estate Litigation, Forms of Relief, Guardianship Applications, Legal Resources, Power of Attorney
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