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.
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.
Arguably, Justice Koke’s decision to set aside the marriage of Kevin Hunt to Kathleen Anne Worrod has changed the test for determining the requisite capacity to marry. Before analyzing the case, let’s take a moment to review the law prior to the Ontario Superior Court decision in Hunt v. Worrod
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.
The legal system largely responded to the COVID-19 pandemic by being forced to take advantage of technological advances that had long been ignored. The Rules of Civil Procedure were updated to allow for service by email and filing using online portals; the system transitioned to Zoom hearings and using CaseLines for working with documents. Many of these changes were, according to most in the profession, long overdue and are likely to remain the norm even after the worst of the COVID-19 pandemic is behind us.
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.
In Walker v. Farsijani (“Walker”), Peter Walker sought to recover $96,000 he claimed to have transferred to Maryam Farsijan (with whom he was in an intimate relationship at the time). Maryam refused to return the funds claiming that she had received the money as a gift. Peter said it was a loan.
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.
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?
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.