estate ligitation

Does a Joint Bank Account Go to the Survivor or the Estate?

The Law of Resulting Trusts What happens to jointly owned assets following the death of one of the joint owners? In the normal course, full ownership passes to the surviving owner.[1] However, this result may seem unfair where only one of the owners paid for the property or, in the case of bank accounts, only […]

Advice to Beneficiaries, Advice to Executors and Trustees, Estate Administration, Estate Litigation, Forms of Relief, Joint Assets, Legal Opinions on Estate Administration, Other Claims & Remedies Against Estates

The Rights of a Surviving Spouse – Spousal Election

I just finished watching Mrs. America, the recent TV series that chronicles the fight by women in the 1970s to enshrine the Equal Rights Amendment (ERA) in the US Constitution. First proposed in 1921, the ERA sought to mandate equality between men and woman. In 1972, Congress passed the ERA, but they could not obtain

Dependant’s Relief Claims, Estate Administration, Estate Litigation, Forms of Relief, In The News, Limitation Period, Other Claims & Remedies Against Estates, Spousal Elections, Valuation of Estate Assets

Am I a Dependant? Can I Receive Support From the Estate?

Generally speaking, everyone is free to decide who will inherit their property after their death. This is called testamentary freedom. However, this right is not absolute; the law in Ontario (and elsewhere in Canada) imposes limits on testamentary freedom in certain circumstances, and in particular, where the will of the deceased excludes or fails to

Court Procedure, Dependant’s Relief Claims, Estate Litigation, Forms of Relief, Limitation Period
Scroll to Top