Net Family Property and Equalization: An Introduction

Equalization is a payment from one spouse to the other at the end of a marriage.  This equalization payment ONLY applies to married spouses, not to common law spouses.  S. 5(1) of the Family Law Act (“FLA“) provides for Equalization when: A divorce is granted; Marriage is declared a nullity; When (married) spouses are separated and there is […]

Child Custody and Access Introduction

One of the most significant concerns for parents, if not THE most significant concern, on separation is what will happen with the children.  Where will the child live? Who is going to make decisions for the child regarding their education, religion, or medical care? How much time will each partner spend with the children? These […]

A Taste of the Estate Administration Process

What is the Estate? When a person passes away, all assets that the individual leaves behind may be referred to as that person’s “estate”. Generally, this could include bank accounts, investments, cash, jewelry, cars, business interests and the like. Sometimes the deceased owns a fractional interest in the asset (such as a part of a […]

Spousal Support: The Spousal Support Advisory Guidelines

Spousal Support: The Spousal Support Advisory Guidelines

Spousal support is often a very contentious issue on separation as it has a much more subjective approach than child support.  A lot more factors go into determining a spousal support amount and there is no hard and fast rule on how it is to be calculated.  The government has provided a set of guidelines […]

The Estate Trustee's Tasks

The Estate Trustee’s tasks during the Administration of an Estate

Today’s post highlights some important items that an Estate Trustee must turn his or her attention to during the administration of an Estate. In a nutshell, an Estate Trustee’s role includes tasks such as gathering and managing assets, paying debts and expenses, locating the beneficiaries an distributing the estate to those entitled. However, from start […]

Child Support

Child Support

One of the major issues at separation is how much child or spousal support will be paid from one spouse to the other.  This can often become very contentious between separating spouses as it can greatly impact both of their finances. The Family Law Act (“FLA”) recognizes that each parent has an obligation to provide […]

Estate planning for Separated Couples – reasons to get your will done or re-done

In Ontario, simply being separated from your spouse and not obtaining legal divorce may put your estate plan in jeopardy. Section 17(2) of the Succession Law Reform Act (“SLRA”) provides that for parties that have obtained legal divorce, any reference to a former spouse in an individual’s will is revoked and the will is construed […]

Separation and Divorce

Clients often contact our office inquiring whether we can assist with their divorce. In these cases, one of the first questions I always ask is how long they have been separated for.  If they tell me they’ve only been separated for a few months I inform them that they can’t get divorced unless one of […]

Patent vs. Latent Defects and Caveat Emptor

With multiple offers being common place in the real estate market, many buyers are being forced to submit firm offers on properties that they barely have seen and not had the opportunity to inspect. Some sellers are taking advantage of this opportunity and are offloading themselves of properties that have had defects and deficiencies.  Thus, […]

Probate and Estate Administration Tax

When acting as a prospective estate trustee in Ontario, it is often necessary to apply to the court for a certificate of appointment of estate trustee. Although it is commonly referred to as “probate”, the certificate of appointment is essentially a validation of a will or, in a scenario where no will exists, an authorization […]