In a discretionary trust, the trustees are given complete discretion concerning distributions of income or capital. The trustees may have the discretion to choose the timing of the distributions, as well as the recipients, amounts, and conditions of the distributions. The trustees may also have the discretion to exclude any one or more of the […]
After someone dies, the questions can sometimes become: who is allowed to live in their house? While the answer may be more straightforward for married spouses or for houses owned in joint tenancy, for example, that may not always be the case for common law spouses where legal title to the deceased person’s house was
In today’s international economy, it is not uncommon for a person to have assets in many countries. However, this gets complicated when a person becomes incapable of managing their property. Until the recent case of Fisher v. Danilunas, 2025 ONSC 4359, there has been little guidance regarding the enforcement of foreign orders relating to a
In Ontario, any trust that is intended to take effect upon a person’s death must typically be in writing, as it forms part of the will. According to the Succession Law Reform Act, a will must be in writing to be valid – and this includes any trusts it incorporates. Once a will is probated,
New changes that expand the jurisdiction of the Small Claims Court are coming into effect on October 1, 2025. Known as the “People’s Court”, the Small Claims Court is a branch of the Superior Court of Justice that hears civil matters within certain monetary limits. Currently, the court has authority to hear most civil matters
