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PLZ Law Blog
Category Archives: Family, Divorce & Domestic Disputes
ESTATE LITIGATION: Challenging the validity of a Will after probate
Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Order for Return of Certificate (Probate already obtained) When a Certificate of Appointment of Estate Trustee (Certificate) has already been issued, the proceedings to challenge a will are not commenced by filing a notice of objection. In that event, the party wishing to challenge the validity of a will has to obtain an order directing ...
ESTATE ADMINISTRATION: Advising the Surviving Spouse
Date: November 17, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
The precise nature of the executor/trustee/personal representative’s obligation to advise the surviving spouse is not clear. If the estate trustee is responsible only to the estate and its beneficiaries, he or she should not be required to tell the surviving spouse of the potential rights he or she may have under the Family Law Act (“FLA”). However, ...
ESTATES & NFP: Income Tax and Family Law considerations at death
Date: November 3, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Income Taxes at Death Claims arising on the death of a spouse are not many, nor is there much jurisprudence dealing therewith. But claims arising on marriage breakdown are not uncommon and a frequently litigated issue is whether, for the purpose of computing a spouse’s Net Family Property (NFP), property owned by him or her ...
ESTATES & EQUALIZATION: How the Courts can enforce your Family Law rights
Date: November 3, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Court Orders The court has extensive powers to enforce the equalization order, Family Law Act (FLA) section 9. It can order: Money to be paid; Security to be given; Payment to be deferred for, or made in instalments over a period of up to 10 years; Transfer of property in specie; or Partition and sale ...
ESTATES & EXECUTORS: How the Family Law Act impacts the administration of an estate
Date: October 6, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Restrictions on Distribution of Estate After the death of a spouse, no distributions can be made out of the estate during the six month period immediately following the deceased spouse’s death without: 1) Written consent of the surviving spouse; or 2) Authorization of the court, the Family Law Act (“FLA“), section 6(1). If the personal ...
ESTATES & INTESTACY: Spousal statutory rights when there is no Will
Date: September 23, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Continuing the discussion of the effects of a Family Law election on various aspects of estate administration; its effect on intestacy is now reviewed. Effect on Intestacy In an intestacy (where a spouse dies without a will), either partial or total, the election in favour of an equalization claim (FLA, subsection 6(9)) will result in ...
ESTATES & EQUALIZATION: Spouses electing their Family Law rights and the consequences thereof
Date: September 23, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
It cannot be stressed enough how important it is for the surviving spouse to establish his or her entitlement to insurance proceeds and to survivorship benefits under pension and similar plans arising on the death of the deceased spouse. With this in view, the surviving spouse, who makes his or her decision on the basis ...
ESTATES & EQUALIZATION: How can a spouse elect his/her family law rights over a Will
Date: September 22, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
The Equalization Claim A right for the surviving spouse to make an equalization claim under the Family Law Act (“FLA”), subsection 70(1)(b), is possible only due to the death of a spouse on or after March 1, 1986. It is said in subsection 5(2) of the FLA that when a spouse dies, if the NFP ...
ESTATES & NFP: How your estate will be impacted by your spouse’s statutory rights
Date: September 22, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
The Impact of the Family Law Act on Estate Administration The administration of estates became very complicated with the enactment of Ontario’s Family Law Act (“FLA”) in 1986. Before that, the lawyer was to advise an estate trustee that the only statutory claim to interfere with the testate or intestate distribution of the deceased’s assets ...
Wills and estates of Natives
Date: August 11, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Administration and probate When the estate of a member of the First Nation falls within the jurisdiction of the Indian Act, the procedures for administration and probate are found within ss. 42 to 50 of the Act along with the Indian Estates Regulations. It is essential to note that though the administration of an Indian’s ...
