Author: Gale Law - Page 7

Pour Over Clauses: Why You Should Care

This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. By Kimberly Gale and Aradhna Mahajan A clause that is valid in some U.S. jurisdictions is being disputed in Canada as seen in the recent decision Quinn Estate 2018 BCSC 365 This case discusses pour-over clauses in a will. A

Organ Donation in Ontario: What You Should Know

Organ Donation in Other Provinces On April 12, Nova Scotia’s legislature unanimously passed the Human Organ and Tissue Donation Act, legislation that presumes consent for organ donation. With that the province became the first jurisdiction in North America to pass such legislation. Following the story of Logan Boulet, victim of the Humboldt bus tragedy who

Gifts: When One Sibling is Favoured

Gifts are given as a token of affection and care to a loved one and are viewed as an attractive estate planning tool. According to Black’s Law Dictionary (7th ed.), a “gift” is a voluntary and gratuitous transfer of property without seeking any direct or indirect benefits in consideration for the transfer. It is legally

Dying Without a Will – Quiz

We break down what would happen to your estate if you died with (and without) a will. To learn more about this topic, you may read Kim Gale’s co-authored post on her blog: https://lawformillennials.com/die-tomorrow/ If a loved one passes away without a will, we can help you understand your rights.

If the Estate Owes you Money, Can you still be the Executor?

The issue we are addressing is whether you can act as executor of an estate that owes you money. If you are owed money, you would argue that you are a creditor of the estate. There is no absolute law that prohibits a creditor from being appointed as an executor of the estate. However, there

Gale Law in the Ontario Reports

We are so excited to announce Gale Law in the Ontario Reports! We practice estate litigation, meaning we handle disputes regarding a will, inheritance, executors, guardians and we have helped common law spouses seek support as a dependant. We are open evenings & weekends (literally 24/7) and we are always here for our clients. We

Death doesn’t stop the limitation period

Lee v. Ponte In this case, an estate trustee brought a claim on behalf of a deceased. In 2007, Shui Yee Lee loaned $55,000 to Cesar Ponte. This loan was secured by a promissory note payable on demand or on the sale of a specific property, whichever occurred earlier. Ms. Lee became aware that Ponte

Re Milne Clarified: A Will is Not a Trust | Yesterday’s Appeal Decision

Yesterday’s decision, Milne Estate (Re), 2019 ONSC 79, which was an appeal from the Superior Court to the Divisional Court, provided much needed clarity on the question as to whether a will is a trust, whether a will must satisfy the three certainties test, and the investigative role of the court during a probate application.

The Wife and the Mistress – Can they both be Dependants?

What happens when a man is married, but is in another relationship? Can their mistress be considered a dependant (in addition to their wife)? The wife and the mistress In the case of Prelorentzos v. Havaris (2015) the deceased had died at the age of 71 leaving behind his wife with whom he had separated from but

Online Romance & Dependant Support

Who is a dependant? As opposed to the English law principle laid down by Cockburn CJ in Banks v. Goodfellow (1870) LR 5 QB 549 that a testator enjoys absolute freedom in giving out his estate to any person of his choice, Part V of Succession Law Relief Act (the “SLRA”) makes a provision for dependants