A topic that many people just don’t consider A recent Ontario Court of Appeal (OCA) ruling that allows a second wife and child to claim support from a deceased common-law husband’s life insurance policy raises some important questions and issues. The ruling overturned a Divisional Court decision that found the second wife was not a “creditor” […]
by Timothy Sullivan, Principal We hear it all the time: “I don’t have much, so I don’t need a Will.” Preparing a Will is a conscious effort. From deciding to have one, discussing with your intended heirs, finding the lawyer you’re comfortable with and going through the appointments with a lawyer and the decision-making about
What are the rights and responsibilities of executors? “My cousin wants a car from the estate of our recently-deceased, not-wealthy uncle. One of the executors of our uncle’s will is willing to give him a pretty good price for the car, just to get rid of it, but the other executor says they should sell
The law is pretty clear – which is why your Will should be, too Lawyers are often criticized for nagging clients (and potential clients, and family members, and friends) about the importance of making a Will, but it’s really just that we know, better than most, the unfortunate consequences of dying intestate. And when you’re
Glitter lacks substance and makes a kindergartener’s art a masterpiece without increasing its value. I am a lawyer licensed to practise law in Ontario. I am also a commissioner of oaths. I am also a notary public. What does all that mean, and what does that have to do with glitter? As a lawyer (a
SullivanLaw estate clients know how we feel about safe deposit box and Wills. We recommend that clients review their succession plan every five years or so or when they acquire new responsibilities or their estate otherwise changes significantly. To do that, they should pull out their COPY of the Will and make what notes they
Preparing estate documents is one thing. Accessing them is another. Last Monday morning I got a call from an old friend in Vancouver. “My mother’s in the hospital and they don’t expect her to regain consciousness,” he said. “I need to find her Will and the Power of Attorney paperwork she did with her lawyer
by Timothy Sullivan What is joint tenancy? Generally speaking, property can be owned either personally or jointly. Joint tenancy is when people own a property together and the right to an individual’s share of the property passes, in equal shares, to the surviving owners. (Tenants in common, on the other hand, see their share of
In the past 10 years, the number of common-law couples in Canada has grown at something like 4 times the rate of married couples. So it’s not surprising to lawyers, but it is surprising to ’normal’ people, that common-law relationships are not the same as marriage. When it comes to working with a lawyer to
Making a Will isn’t fun. Dying without one is worse. If ‘making a Will’ has been one of those things on your long-term to-do list but doesn’t seem to ever become a top priority, you’re not alone; studies show that as many as 74% of Canadians don’t have an up-to-date Will, and about half of Canadians don’t
