The recent case in Bratusa v. Doersam 2025, ONSC 4726, involved a common law spouse and her young daughter seeking support from a Canadian who died in Costa Rica in September of 2024.He and the applicant had lived in Costa Rica for many years. Nonetheless, she brought an action in Ontario asking for dependent relief […]
Read MoreLIFETIME CAPITAL GAINS EXEMPTION
The lifetime capital gains exemption (“LCGE”) is an important one for our readers to be aware of. It is an incentive by the federal government to encourage entrepreneurs to build up a business, and when they sell it, the first $1.25 million of the profit that they have earned by building up the business is […]
Read MoreANTI-LAPSE or WHY YOU USE A SPECIALIST TO DO YOUR WILL
Drafting a Will is not a job for a layman, an online program or even a generalist lawyer who dabbles in drafting Wills. One of the examples of the need for a someone who only practices as a Wills Estate and Powers of Attorney lawyer, is the effect of The Successional Reform Act, section 31 […]
Read MoreFOREIGN GUARDIANSHIP ORDERS
Justice Fred Myers, a Judge that has been featured in many of our other blog articles, rendered an incredibly important decision in the case of Fisher v. Danilunas 2025 ONSC 4359. This has captured the attention of Powers of Attorney Lawyers and Estate Litigation Lawyers. It held that a Order for guardianship made in England […]
Read MorePRESUMPTION OF RESULTING TRUST – PT# 620
While titling this blog article as part 620 is a bit tongue and cheek, there is some validity to that number. We have posted a number of blog articles on the presumption of resulting trust, (use the search window to find all of them) which all relate back to the 2007 decision by the Supreme […]
Read MoreHOCKEY HISTORY AND WHY AN EXECUTOR CANNOT BUY THE ASSETS OF AN ESTATE
More from the perspective of Will and Estate Lawyers. An executor is deemed to have a fiduciary obligation to the estate’s beneficiaries. A fiduciary relationship calls for the highest level of trust and responsibility upon an individual.. Sometimes an executor, often a family member, will want to buy one of the assets of the estate […]
Read MoreHOW THE HELL AM I SUPPOSED TO KNOW ABOUT THE PRESUMPTION OF RESULTING TRUST
We have written a number of times on the legal concept of the presumption of resulting trust. Using the search function, you can easily locate them within our blog articles. This subject is unfortunately a great money maker for Estate Litigation lawyers. One of the client’s of our team of Will and Estate lawyers recently […]
Read MoreMUTUAL and MIRROR WILLS
Will and Estate Lawyers commonly prepare for couples, Wills that may be described as mirror Wills. In that sense, the parties provide the very same provisions for the distribution of their estate. Commonly to each other and then their children. However, a Will is an individual document not a contract. Justice Cronk in the Ontario […]
Read MoreThe ongoing career of our former partner, the Honourable Justice Marvin Kurz
We continue to monitor the actions of our still missed partner the Honourable Mr. Justice Marvin Kurz. Recently one of his decisions was appealed to the Ontario Court of Appeal. Specifically the family law case of R. L. and M. F., which involved high income earners who were objecting to a $20,000 per month spousal […]
Read MoreEXECUTORS FEES – DID THE COURT OF APPEAL MAKE A MISTAKE
Will and Estate Lawyers have to regularly discuss with their clients how much an executor is paid to administer an estate. In the June 9, 2025 decision of the Ontario Court of Appeal in Farmer v. Farmer by the Honourable Justices Lauwers, Miller and George they dismissed an appeal by an executor who had outrageously abused […]
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