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definition of child

What is a “child”?

What is a child? In everyday life, this is an innocuous question with a simple answer – you kind of know one when you see one. Whether you’re going to the movies, dining at a buffet, or riding the subway, what most people consider to be a “child” is clear, give or take a couple of years.

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Reduce Probate Fees with Multiple Wills

A Tale of Two Wills: Private Shares & Reducing Probate Fees with Multiple Wills

Applying for probate can be cumbersome, expensive, and can delay the administration of an estate. Unfortunately, it may be a practical necessity. The executor often needs to prove that they have legal authority to administer the estate in order to deal with certain types of estate assets. This is especially true in cases where the estate holds substantial assets, such as real property or a portfolio of investments in public corporations. That being the case, probate is not always required, and may even be avoided in some high-value estates.

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special items in estate law

A $50 million painting of Shakespeare – the administration of estates involving one of a kind assets

The main asset of the estate of Mary Sullivan is the Sanders Portrait, a 400 year old portrait purportedly of William Shakespeare. It is believed to have been painted during Shakespeare’s lifetime and has been appraised at $50 million USD. Ms. Sullivan died on April 6, 2020. Her last will and testament named her husband as the executor of her estate and in the event he predeceased her - which he did - her cousin. Ms. Sullivan’s cousin renounced, which left the second alternate, her long-time accountant Mr. Taylor, to administer the estate. Mr. Taylor accepted the appointment and five months later was met with an application brought by Mr. Meuse (a beneficiary) who sought to remove him.

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Severing A Joint Tenancy by Course of Dealing

Avoiding Probate: What is the First Dealings Exemption?

It is generally understood that an estate typically needs to go through probate where the deceased held real property without any other “joint tenants”. Contrary to popular belief, however, there are some exceptions that allow us to deal with real property without first having to go through probate. One of the more curious and relatively unknown exceptions is known as the “first dealings'' exemption.

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common law unfair inheritance

The Law Discriminates Against Common Law Spouses

Heather and Chaim never believed in marriage. They lived together for 20 years, had 3 children and were happy. Chaim was hit by a truck and died. He had no Will. Had Heather been legally married she could have: 1. had the right to elect for an equalization payment under the Family Law Act; or 2. received an inheritance by virtue of an intestacy under the Succession Law Reform Act. Since there was no Will, Heather would have inherited a preferential share of the estate equal to $350,000 and 1/3 of the balance to share with the Chaim’s three children.

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capacity assessment

The Shrink Next Door – legal options if this took place in Canada

Imagine Martin Markowitz’s sister coming into your office and telling you her brother’s story: “For nearly 30 years your psychiatrist takes over your life, claims your Southampton estate and your family business, as well as your Swiss bank account as his own. … He convinces you to become estranged from your only sister and persuades you that anyone you date is after you only for your money”.

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occupation rent

Occupation rent and estate litigation

In estate litigation this scenario comes up quite often.  One family member stays in mom and dad’s house after their death and appears to be freeloading at the expense of the others. This can happen in estate litigation when a deceased person fails to adequately document their intentions with respect to the ongoing occupation of their home after their passing.

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discrimination in inheritance law

Disinheritance because of sexual orientation

In Ontario, the current state of the law is such that a testator is free to exclude an adult, independent child from their will on the basis of their sexual orientation. The discriminatory intent may even be written into the will. For example, the following provision “I am excluding my only son from my will because he is homosexual” is, according to the principles set out by the Court of Appeal for Ontario in the 2016 Spence v. BMO Trust Company decision, presently considered to be an acceptable exercise of a testator’s testamentary autonomy.

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where in world

Where in the world should I prepare my powers of attorney?

While initiatives by lawmakers are being pursued to harmonize laws addressing the enforceability of capacity-related documents worldwide, this has not yet been finalized.  Therefore, when issues regarding the enforceability of POAs arise, consultation with a litigation lawyer about what your options might be – potentially in coordination with a litigation lawyer in another jurisdiction – is recommended.

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order of estate distribution

Does an estate have to pay a creditor or a dependant first?

How do dependants rank in terms of priority over others with a claim or interest in an estate’s assets? Let’s get a running start with a quick review of the law. During their lifetime people often borrow money. Sometimes the loan is to buy a house or car, or even to invest in a business. When a person dies, one of the jobs of the executor is to pay off all the debts before dividing the estate amongst the beneficiaries. But, what about those people who relied on the deceased for support? Who gets paid first - the creditors or the dependants?

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younger wife

Seduction, Marriage and Elder Abuse

In this case, the children were fortunate that the judge found that the father’s residence was really held in trust for the children so it did not form part of the estate. Muna did not get much money. This time the children were lucky. Unfortunately, that is not always the case.

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