If an executor lives outside of Ontario, or if the deceased left no Will, a bond is required to be posted by the proposed estate trustee before probate is granted. The normal course of action is to ask the court for an order dispensing with a bond. In most circumstances this is granted. The bond’s […]
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Executors Duties
The primary purpose of an executor is to bring in the assets of the estate, pay all of its debts and then to distribute those assets in accordance with the terms of the Will. On paper, a relatively straight forward and simplistic set of rules. However, the reality often is far more complicated and can […]
Read MoreDuties of executor also known as the estate trustee
Setting Aside A Separation Agreement In The Absence Of Full Financial Disclosure
One of the basic compondentsof a Separation Agreement that will withstand a later attack is having made full financial disclosure of ones’ income, assets and debts as of the time of the agreement. It is foolish to hide assets or income from ones’ soon to be former spouse in the hopes that they will be […]
Read MoreAn Unequal Division Of Net Family Property Or How Unfair Does Unfair Have To Be or What Property Division If Together Less Than 5 Years
The Family Law Act for married couples (not common law) contains a formula for the division of property upon separation. Sometimes simply applying that formula, especially when one person brought into the marriage the matrimonial home, can produce an extremely unfair result. The Family Law Act does provide a provision for a division other than […]
Read MoreHomemade Separation Agreement Penny Wise Pound Foolish
In the recent decision by Justice Lococo of the Ontario Superior Court of Justice in St. Catherine’s, he rendered a decision after a 14 day hotly contested Trial. Numerous issues were percolating on the Judge’s stove, including retroactive child/spousal support, the income of the ex-husband, access and costs. This couple were together for less than […]
Read MoreSpousal Support Forever Or Does Support Ever End Or Does My New Wife Have To Reveal Her Income To My Old Wife Or Is Retirement Cause For Spousal Support To End
Spousal support while still solely at the discretion of the courts has a statutory starting point, namely the Spousal Support Advisory Guidelines (“SSAG”). The courts have held that the SSAGs should always be the starting point and a Judge must indicate why he or she is diverging from that perspective. The SAGGs not only provide […]
Read MoreThe Courts Need To Be Run Like A Business
I am a lawyer that has practiced in Brampton Ontario for 40 plus years. While the judicial system is a fundamental pillar of our democracy, that is no reason for a businesslike approach not be applied to it. The Government for shortsighted economies has starved the support staff of the courts of funding, which in […]
Read MoreForcing Your Spouse To Have An Expert Determine Their Income
The court does have the authority to order a party to obtainan expert’s report to determine their income for support purposes. Recently, Justice Tremblay in the case of Sargalis foundin limited circumstances the court does indeed have the authority to order a party to obtain an expert’s report determining the potential payors income for the […]
Read MoreSettlements Far More Flexible Than Court Orders
On a practical basis, there is frequently a give and take in negotiations between spouses in which less of a property settlement is paid or received in return for an equivalent reduction or increase in a property settlement. However, in the event that the parties cannot settle, it is not within the courts’ jurisdiction to […]
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