Estate Litigation

What Does it Mean to Have Capacity?

Legal capacity can be a difficult concept to understand. For those who are concerned about a loved one’s ability to care for herself or to make financial decisions, the answer to the question of whether their loved one has capacity may seem obvious. Forgetfulness, confusion, and even mild dementia are often viewed as indicative of […]

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What is a “Common Law Spouse”?

In Canada, every person is afforded certain protections in the event they get divorced. For example, there are statutes in place to help determine how the couple will divide their property and whether one of them is entitled to child support or spousal support (and what amount). However, not every couple in a committed, long-term

Dependant’s Relief Claims, Estate Litigation, Legal Resources, Other Claims & Remedies Against Estates, Spousal Elections

What Is a Formal Application to Pass Accounts?

Estate trustees, attorneys for property, guardians of property and trustees of a trust (collectively referred to here as “fiduciaries”) are all obligated to keep detailed records, or accounts, of their management of assets. Fiduciaries can be compelled to pass accounts by those with an interest in the trust property or by those with a close

Advice to Executors and Trustees, Contested Passing of Accounts, Estate Administration, Estate Litigation, Passing of Accounts
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