February 21, 2012

Family Law Act Elections – The Importance of Punctuality and Proper Form

Posted on February 21, 2012 by Amy Cull

One of the ways in which a surviving spouse can ensure that they are adequately financially protected after the demise of their spouse is by making a ‘Family Law Act Election,’ pursuant to subsection 5(2) of the Family Law Act1 (the “FLA”). Essentially, a FLA Election provides a surviving spouse with the right to file an election and bring an application against the estate of their deceased spouse so as to elect in favour of equalization of the couples’ net family property (“NFP”) and forego their entitlement, if any, under the deceased’s will and/or on an intestacy, if there is no will.2

Although making an election is an important decision that should be the product of extensive legal advice and careful consideration on the part of the surviving spouse, counsel and client alike must also be mindful of the deadlines to make such an election, and the procedure involved. Failing to meet the requirements of time and form, can otherwise have harsh results and substantially reduce or, in some cases, completely diminish any entitlement a surviving spouse would otherwise have by way of election.

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Paper: Consent and Capacity Issues in Estate Planning and Litigation, OBA Institue 2012

Posted on February 21, 2012 by Ameena Sultan

Ameena Sultan and Lonny Rosen of Rosen Sunshine LLP presented a paper “Consent and Capacity Issues in Estate Planning and Litigation” at the Ontario Bar Association INSTITUTE 2012 TRUSTS AND ESTATES LAW, on February 9, 2012, at the Westin Harbour Castle Conference Center in Toronto

Click to download Ameena and Lonny’s paper “Consent and Capacity Issues in Estate Planning and Litigation” (PDF, 35 pages)

Posted in Articles & Presentations

Paper: The Capacity to Marry and Divorce, OBA Institute 2012

Posted on February 21, 2012 by Kimberly A. Whaley

Kimberly A. Whaley presented her paper “THE CAPACITY TO MARRY AND DIVORCE” at the Ontario Bar Association INSTITUTE 2012 TRUSTS AND ESTATES LAW, on February 9, 2012, at the Westin Harbour Castle Conference Center in Toronto in a Continuing Professional Development Program: “The Challenges Posed by the Issue of Capacity: The Impact Upon Estate Planning, Estate Administration and Estate Litigation”. This program was chaired by Edwin Upenieks and Melanie Yach.

Click to download Kimberly’s paper “The Capacity to Marry and Divorce” (PDF, 31 pages)

Posted in Articles & Presentations

Book Release: Key Developments in Estates and Trusts Law in Ontario, 2011 Edition

Posted on February 21, 2012 by Whaley Estate Litigation

The 2011 Edition of Carswell’s “Key Developments in Estates and Trusts Law in Ontario” is soon to be published. Kimberly A. Whaley and Amy Cull contribute a chapter on Passing of Accounts

Click to link to Order Page on Carswell site

Brief description from Carswell:

This publication brings together a team of 17 leading practitioners to provide insight into the noteworthy developments in their areas of expertise. From personal trusts and post-Kerr property claims to solicitor’s negligence, the 2011 edition covers the issues that are affecting estate planners and litigators today. Get the big picture of the key decisions affecting your practice and clients in estate proceedings – now and in the future – with Key Developments in Estates and Trusts Law in Ontario, 2011 Edition.

Chapters include:
• A View from the Bench by The Honourable Justice David M. Brown
• Personal Trusts by Susan Slattery
• Taxation of Trusts and Estates by Paul J. Gibney and Mark A. Barbour
• Insurance, RRSPs and RRIFs by Robin Goodman
• Powers of Attorney by M. Jasmine Sweatman
• Family Law Issues in Estate Litigation by Martha McCarthy and Heather Hansen
• Passing of Accounts by Kimberly A. Whaley and Amy Cull
• Contracting Out of Dependants’ Support Obligations by Corina S. Weigl and Jonathan F. Lancaster
• Will Challenges by Ian M. Hull and Suzana Popovic-Montag
• Claims By or Against an Estate by Melanie A. Yach and Marni Pernica
• Guardianship of Property for Minors by Elizabeth Seo, P. Ann Lalonde and Linda Waxman
• Costs in Estate Litigation by Susan A. Easterbrook
• Solicitor’s Liability by Archie J. Rabinowitz

Posted in Publications