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....
Continue readingOrgan 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...
Continue readingGifts: 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...
Continue readingDying Without a Will – Quiz
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,...
Continue readingIf 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...
Continue readingGale 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...
Continue readingDeath 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...
Continue readingRe 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...
Continue readingThe 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...
Continue readingOnline 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...
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