Other Claims & Remedies Against Estates

Dealing with Squatters in the Family Home

This blog was written by Tyler Lin, Student-At-Law As all litigators know, there are two sides to every story. In the world of estate litigation, it is not uncommon for one side to view themselves as an invited guest entitled to remain in the family home while the other side views them as a squatter. […]

Advice to Executors and Trustees, Estate Administration, Estate Litigation, Family Cottage, Legal Opinions on Estate Administration, Other Claims & Remedies Against Estates

The Father of My Children: Court-Ordered Paternity Testing

This blog was written by Tyler Lin, student-at-law In the Quebec case of Adoption – 091, Dubois J. made reference to the Latin maxim: “Mater semper certa est, pater incertus,” which means: the mother is always certain, but the father, uncertain. This phrase sums up the historical treatment of paternity before the relatively recent advent

Advice to Executors and Trustees, Court Procedure, Dependant’s Relief Claims, Estate Administration, Estate Litigation, Estate Planning, Forms of Relief, Legal Opinions on Estate Administration, Legal Resources, Other Claims & Remedies Against Estates

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

Does a Joint Bank Account Go to the Survivor or the Estate?

The Law of Resulting Trusts What happens to jointly owned assets following the death of one of the joint owners? In the normal course, full ownership passes to the surviving owner.[1] However, this result may seem unfair where only one of the owners paid for the property or, in the case of bank accounts, only

Advice to Beneficiaries, Advice to Executors and Trustees, Estate Administration, Estate Litigation, Forms of Relief, Joint Assets, Legal Opinions on Estate Administration, Other Claims & Remedies Against Estates
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