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Category Archives: Support After Death

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When does a separation agreement release an entitlement under a will?

Posted in Support After Death, Wills
In general, spouses that have entered into a separation agreement do not typically intend their spouse to thereafter benefit from their estate.  However, unless a separation agreement is very carefully worded, the wills made by the parties to a separation agreement, even if those wills predate the separation agreement and appear on their face to … Continue Reading

Lean on Me

Posted in Support After Death
A new survey finds that 19% of the people polled would risk their own financial security to support their adult children, according to a recent article in the Toronto Star. The rising cost of post-secondary college is one of the factors causing adult children to be increasingly reliant on their parents for financial assistance.  According … Continue Reading

Minors and Dependant Support Applications

Posted in Support After Death
When commencing dependant support applications that involve minors, a few things to keep in mind are: ·                    In Toronto, applications are to be brought on the Estates List; ·                    Although it is a good idea to commence an application within the six-month limitation period from the issuance of probate, minor children’s claims are not bound … Continue Reading

High Moral Obligation Owed to a Spouse

Posted in Support After Death
There is a tension in the case law between respecting the rights of testators to freely dispose of their estates upon death, and ensuring that a testator’s dependants are provided for in an adequate manner. Past blogs and podcasts on our website have explored this tension.  In a recent decision out of New Brunswick, Johnson v. … Continue Reading

Section 72(1)(e) SLRA: express/written trust instrument is a required element

Posted in Estate & Trust, Litigation, Support After Death
Part V of Ontario’s Succession Law Reform Act ("SLRA") establishes a mechanism whereby qualifying dependants can claim support from the estate of a deceased.  Section 72 of the SLRA is a deeming provision that includes certain non-estate assets as part of the estate for the purposes of calculating the value of the estate, and allows such … Continue Reading

You Be the Judge – Life Insurance Under a Separation Agreement – Part II

Posted in Litigation, Support After Death
Yesterday, I set out the fact situation in Turner v. DiDonato (2009), 95 O.R. (3d) 147 (Ont. C.A.). The trial judge decided that Dilia was entitled to the difference between the insurance proceeds that she received and the $100,000 insurance policy that was supposed to be in place. The trial decision was upheld on appeal. The … Continue Reading

Adult Children Making Gains

Posted in Support After Death, Wills
My colleague Natalia Angelini blogged on February 18 of this year about the increasing possibility that independent, adult children may be entitled to dependant support. A 2009 Ontario Bar Association paper by Susan Woodley concluded that moral obligations of deceased parents in Ontario may require them to provide proper and adequate support to their children, … Continue Reading

Managing a Move

Posted in Elder Law, Estate & Trust, Executors and Trustees, Support After Death, Trustees
My mother used to volunteer with Goodwill, where one of the projects was a contents sale. A team from Goodwill would organize a home’s contents for sale – I have a frying pan purchased from one of those sales. Several organizations exist to assist with different aspects of the moving process. One such example is Marsha’s Helping … Continue Reading

Limitation Period Not a Sword

Posted in Litigation, Support After Death
 A recent decision from British Columbia, Desbiens v. Bernacki, 2008 BCSC 696 is a good reminder that a limitation period is a shield, not a sword.  In Desbiens, the deceased had four children from a first marriage.  After his first wife left him, he placed three of his children in foster care; one child was adopted.  The … Continue Reading

Millionaire Widow Seeks Support

Posted in Support After Death
 A recent Ontario decision, MacDougall v. MacDougall Estate [2008] O.J. No. 2930 (S.J.C.), dealt with the issue of adequate provision for proper support under Part V of the Succession Law Reform Act (“SLRA”).  The deceased died in 2004.  His widow (his wife from a second marriage) commenced an application for support from the deceased’s estate.   … Continue Reading

Estate Litigation Delaying Burial of James Brown

Posted in Archived BLOG POSTS - Hull on Estates, Support After Death
Entertainment media has recently focused its eye on the death of celebrity pop-icon, Anna Nicole Smith. In one of last week’s blog entries Megan Connolly commented on the estate litigation left in her wake. Today I wish to discuss another personality whose death has made headlines – legendary soul singer, James Brown. Brown sadly died … Continue Reading

IS THERE SUPPORT AFTER DEATH? – What about Moral Obligations and the “Fair Share of Family Wealth” Analysis? – Part VII

Posted in Archived BLOG POSTS - Hull on Estates, Support After Death
As you know, we have dedicated a few recent blogs (see our June 30, 2006 and July 3, 2006 posts) to the Ontario Court of Appeal’s decision in Cummings v. Cummings. Perhaps, most notably, in determining the quantum of support to award in this decision, the Ontario Court of Appeal endorsed the concept of dependant’s … Continue Reading

IS THERE SUPPORT AFTER DEATH? – What Did the Court of Appeal Do in Cummings v. Cummings? – Part VI

Posted in Archived BLOG POSTS - Hull on Estates, Support After Death, Wills
In Cummings v. Cummings, the Court of Appeal affirmed the decision made by the application judge at first instance. In coming to this conclusion, the Court of Appeal was strongly influenced by the concepts set out in the decision of the Supreme Court of Canada in Tataryn v. Tataryn Estate ([1994] 2 S.C.R. 807 (S.C.C.)). … Continue Reading

IS THERE SUPPORT AFTER DEATH? – Who Can Make a Claim and Powers of the Court – Part V

Posted in Archived BLOG POSTS - Hull on Estates, Support After Death
No review of the area of dependant’s relief is complete without considering the leading Ontario Court of Appeal decision in Cummings v. Cummings (on the application for support, see (2004), 5 E.T.R. (3d) (81) (Ont. S.C) (Cullity, J.); on the appeal to the Ontario Court of Appeal, see (2004) 5 E.T.R. (3d) (97) (Ont. C.A.). … Continue Reading

IS THERE SUPPORT AFTER DEATH? – What is Adequate Provision for Support? – Part IV

Posted in Archived BLOG POSTS - Hull on Estates, Support After Death
As to the adequacy of support, section 62(1) of the Succession Law Reform Act provides as follows: 62. (1) Determination of amount – In determining the amount and duration, if any, of support, the Court shall consider all the circumstances of the application, including, (a) the dependant’s current assets and means; (b) the assets and … Continue Reading
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