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second- marriage contract

Second Marriages and Risks to the Estate

The author reviews Ontario’s laws of inheritance in the context of second marriages. He addresses the risk to implementing a person's testamentary intentions. For example, in Ontario, under certain circumstances a new marriage revokes previous wills, the failure to provide full and frank disclosure may invalidate a domestic contract and a court may still order a deceased’s estate to pay support to a dependant regardless of any agreement made to the contrary.

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family law

Review of Family Law TV Series E05 “Until Death Do Us Part”

The fifth episode of the new Global TV series “Family Law” deals with family members who go to court to fight about who should be the attorney for personal care of Helen, the family matriarch. Helen suffers from Alzherimers. She resides in an assisted living facility and has struck up a sexual relationship with another resident. Helen’s husband, Ira, is fighting to stop the romantic relationship, for obvious reasons. Helen’s daughter wants her mother to be happy and therefore thinks she should be entitled to continue with her affair.

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Scholastic’s Succession Plot Twist

When Scholastic’s CEO Richardson Robinson Jr. died in June, he apparently shocked his family by giving control of the $1.2 billion company and his personal possessions to Scholastic’s Chief Strategy Officer, with whom he’d had a long-term relationship, rather than to his siblings, children, or ex-wife.

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record keeping trustee

Can a Trustee be Disentitled From Receiving Compensation?

Individuals who act as a trustee or an attorney for property are statutorily entitled to compensation for the time and effort they have expended in their respective roles. Notwithstanding the entitlement to compensation, courts will not reward individuals who fall below their common law or statutory obligations. The question then, is what actions or omissions must an individual do in order to disentitle themselves from their statutory entitlements to compensation.

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estate law remarriages

Religious Marriages status in Ontario Law

Harry, 85, wants to marry 75-year-old Esther, but he does not want to lose his widower's pension. They agree not to obtain a marriage license or register the marriage, but instead to have only a ritual ceremony in a rabbi's office. Harry dies and his will leaves his assets to his children. Does only a religious marriage ceremony give Esther any rights to Harry's estate?

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2021-2022

Second marriages and protecting your children

Joseph was 60 years old when he lost his wife to cancer. Online he met an Israeli named Rebecca, a 40-year-old widow. They emailed each other, grew to care for one another and decided to marry. Rebecca and her children moved into Joseph's home. The adult children from Joseph's first marriage feared that Rebecca and her children were going to take away their inheritance. Joseph assured his children that Rebecca signed an agreement under which she gave up all her claims under the Family Law Act and could not claim support against his estate when Joseph died. Joseph assured them they he left his children all of his money. Should the children have relaxed? Maybe – Maybe not.

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toronto island

What is a “child” Part II – Clash of the Toronto Islanders

To most Torontonians, the Toronto Islands (the “Islands”) are known as a calm refuge away from the city,  featuring beaches and picnic areas with picturesque views of the city skyline a short ferry ride from the downtown core. Some may also be aware that the Islands are home to a small, tight knit community of artists, intellectuals, and others drawn to the attractions of island living. It therefore may come as a surprise to many that the Islands were recently the site of a divisive property dispute that escalated to litigation between a resident and the trust that governs property ownership on the Islands.

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Creditors versus beneficiaries

Who Gets Priority? Beneficiaries vs. Creditors of an Estate

Significant debts owing by a deceased will often impact the gifts that were bequeathed to the estate’s beneficiaries. Sometimes, creditors’ priority over the estate’s assets means that beneficiaries only receive a fraction of what the deceased bequeathed to them. Other times, if the estate is insolvent or bankrupt, beneficiaries will receive nothing. It is important that beneficiaries and estate planners are aware of what priority creditors have over the estate’s assets, and how each testamentary gift is impacted.

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intestacy rules

Rights of spouses and children during an intestacy

What rights does the family have when the deceased has no will? Ontario law has evolved both in terms of the common law and the legislation to provide a structure for the inheritance rights of legally married spouses, children and common law spouses. There is some overlap in those rights and some big differences.

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