Today’s blog post was written by articling student Iryna Huk. On appeal, the court in James Estate (Re), 2024 ONCA 623 (CanLII) affirmed that the Superior Court of Justice has inherent jurisdiction to deny an application to appoint an estate trustee, even if the appointment is supported by the beneficiaries.[1] While courts generally defer to […]
Many testators find it difficult to select an estate trustee for their estates when drafting a will. In some cases, a parent may worry that his or her children are already busy with work and with their own children, and do not want to burden them by naming them as estate trustee (“ET”) in the
Ontario law recognizes two forms of spousal relationships: marriage and common law partnerships. While certain statutes may modify or create their own definition of common law partnership, the definitions found at s.1 and s. 29 of the Family Law Act, RSO 1990, c F.3 are the standard. As a reminder, in Ontario, a common law
Under the laws of Ontario, certain rights and benefits are conveyed to a “spouse.” However, there is not a universal definition of “spouse”: whether you qualify for spousal benefits depends on the governing statute. Below is a summary of some of the most common rights and benefits sought by a “spouse” on the death of
For many, marriage represents the intermingling of lives, families, and assets. It can also mean coordinating estate plans. Two common forms of coordinated estate plans are mirror wills and mutual wills – both are particularly useful if the couple have children, either together or from prior relationships. Knowing the difference between these two types of
