What happens to your will if after you make your will you get divorced? In those circumstances the will is interpreted as if the person that you divorced had died immediately before you. So, if you name your wife as the executor and the beneficiary of you will and then you divorce her, unless you […]
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Gift Gone Wrong
Elsewhere on our website we have described the 3 essential ingredients for a legal gift. 1. An intention to make the gift 2. An actual acceptance of the gift 3. An actual delivery of the gift In the tragic case of Teixeira, a decision of the Ontario Court of Appeal, we have a gift that […]
Read MoreSeeking a Reduction in Support. Be Very Careful.
We are frequently consulted by clients seeking a reduction in either child or spousal support. They may come armed with the fact that a child is no longer attending school or the other spouse is now living with a new partner and seek a reduction in support. It is not that simple and, one needs […]
Read MoreReducing your Support Retirement as a Material Change Double Dipping Again
It is not unusual for one, upon retiring and finding their income correspondingly reduced, coming to the logical conclusion that their spousal support payments be reduced. However as usual in family law, nothing is that straight forward. The Divorce Act pursuant to section 17(1)(a) gives the court the ability to change an existing order either […]
Read MoreWhose Lump Sum Tax Rate Do You Use Lump Sum Support
Both the Family Law Act and the Divorce Act give the court the ability to make a onetime lump sum spousal support payment. Sometimes especially in high conflict cases, the court or the parties will agree that a lump sum payment rather than periodic monthly payments are the best alternative. Examples of when this is […]
Read MoreReal Estate
Ontario in the 1990s modernized its system of registering almost all of the land and its ownership within the province. It moved from a very ancient system commonly referred to as the Registry Act System to an electronic/digital system that is part of the Torrens Regime. The Torrens Regime is named after its inventor, Sir […]
Read MoreHow do I set aside a Court Order when I knew nothing about the Case?
When parties separate, they at times lose track of each other. One party may start a court case and in certain circumstances, the other will know nothing about it. At other times, one can make a simple mistake and not attend court when they are required to. There are methods of setting aside a Court […]
Read MoreGoing to Jail or having your Driver’s Licence Suspended for Non-Payment of Support
Child and Spousal Support enforcement is almost the exclusive jurisdiction of a Government Agency called the Family Responsibility Office (“FRO”). The Family Responsibility Office is both a blessing and a curse. It is free, it is imbued with vast powers, including suspending a defaulting payors’driver’s license, seizing their passport and even incarceration. The negative aspect […]
Read MoreWhat if my Will is Lost Wills and Estates
At Dale Streiman Law LLP, we offer our clients at no charge the ability to store their original Wills and Powers of Attorney with our office. All clients receive an electronically scanned fully signed copy of the Will, but this is not a replacement for the original Will. Some of our clients take their Wills […]
Read MoreChanging your Child’s Surname
Your average reader would be surprised to learn that when one parent has sole custody of a child pursuant to either a court order or separation agreement, they have the unilateral ability to simply apply to a provincial government agency (The Registrar General) to change the surname of the child. They do not require the […]
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