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Category Archives: Common Law Spouses

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Joint Family Ventures

Posted in Common Law Spouses
At a seminar sponsored by Hull & Hull LLP, the “Breakfast Series”, Ian Hull discussed the impact of Kerr v. Baranow in Estates law. The Supreme Court’s decision establishes the framework for how the courts apply the principles of equity to property claims by unmarried spouses. Unmarried spouses can turn to Joint Family Ventures (“JFV”) … Continue Reading

Living Together & the SLRA

Posted in Common Law Spouses
In last week’s blog, found here, I talked about interpretation issues surrounding section 57 of the Succession Law Reform Act ("SLRA").  Fortunately, the SLRA provides the definition of ‘spouse’ and ‘cohabitated’.  According to the SLRA, ‘cohabitated’ is defined as, “…to live together in a conjugal relationship, whether within or outside marriage” [emphasis added].  As the … Continue Reading

Defining Spouse in the SLRA

Posted in Common Law Spouses
Although such a commonly used phrase in today’s society, the type of relationship that amounts to a spousal relationship according to the law is an area that is often litigated over in Court.  Section 57 of the Succession Law Reform Act (“SLRA”) defines spouse as: “a spouse as defined in subsection 1(1) [of the SLRA] … Continue Reading

Inheritance Rights of Unmarried Couples?

Posted in Common Law Spouses
A recent English article reports that its Law Commission recommends that unmarried couples who have lived together for five years or more should be able to inherit from each other without writing a Will. The author notes certain other recommendations, contained in the Inheritance (Cohabitants) Bill: ·                    the entitlement should be applied after two years of … Continue Reading

Until Death Do You Part?

Posted in Common Law Spouses
Discussing death and planning for such eventuality is a topic that is often uncomfortable and thus avoided, resulting in a transfer of assets which may not reflect the wishes of the deceased.   This can be especially true if you aren’t certain about how your lifestyle impacts your Estate. A recent article in the Financial Post … Continue Reading

Supreme Court of Canada decisions in Kerr v. Baranow & Vanasse v. Seguin – Part 3 of 3

Posted in Common Law Spouses
As has been my mantra all week, Justice Cromwell, who delivered the reasons for the Court in Kerr v. Baranow & Vanasse v. Seguin, commented that for unmarried persons in domestic relationships in most common law provinces, judge made law is the only option for addressing the property consequences of the breakdown of those relationships.  … Continue Reading

Supreme Court of Canada decisions in Kerr v. Baranow & Vanasse v. Seguin – Part 1 of 3

Posted in Common Law Spouses
The Supreme Court of Canada recently considered the property rights of common law spouses in the companion cases of Kerr v. Baranow & Vanasse v. Seguin. These cases required consideration of the following legal issues: The role of the “common intention” resulting trust in claims by domestic partners.  Whether the monetary remedy for a successful unjust … Continue Reading

Common Law Partners’ Rights to Property

Posted in Common Law Spouses
Yesterday’s blog considered the fact that a common law spouse has no beneficial entitlement to his or her deceased spouse’s estate on an intestacy.  There are, however, remedies available to the disappointed spouse.  The first of these is a claim for dependant support found in Part V of the Succession Law Reform Act, whereby a common law … Continue Reading

An Annuity by Will

Posted in Beneficiary Designations, Common Law Spouses, Estate Planning, Hull on Estates, Hull on Estates, Trustees
Annuities are often employed when an individual plans his or her estate. We have covered different aspects of annuities on past blogs on Hull on Estates. A testator, for example, may choose to have one child’s portion of the future estate placed into an annuity that will create a flow of money over time. The child would have … Continue Reading

A Review of Dependant Support Claims – Hull on Estates #130

Posted in Common Law Spouses, Hull on Estates, Hull on Estates, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Show Notes, Show Notes
Listen to A Review of Dependant Support Claims This week on Hull on Estates, David Smith and Jonathan Morse review some of the recent podcasts and hone in on some of the evidentiary requirements of a common-law spousal relationship as it relates to dependant support claims under the Succession Law Reform Act. They look at … Continue Reading

Identifying a Common Law Spouse

Posted in Common Law Spouses
Common law spouses are not included in Part II of Ontario’s Succession Law Reform Act, which governs intestate succession (dying without a valid Will). In British Columbia, unlike Ontario, intestate laws now provide the same rights to common law spouses as to married spouses, if the couple lived together in a marriage-like relationship for a … Continue Reading
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