Last fall the Ontario government took steps to simplify the province’s estate laws. The changes took effect as of January 1, 2022, and are aimed to make the probate process more accessible. The good news: the number of forms has been reduced from 58 to 23. The forms are easier to understand and complete alongside …
A condominium is a type of legal ownership where the property is divided between privately owned units and common elements. Each unit owner owns the unit as well as a proportion of common elements, which includes such things as hallways, lobbies and elevators and there are also “exclusive use common property elements,” such as balconies, …
Quite often we hear about someone’s Will being challenged. The most common grounds being: proper execution; knowledge and approval of the contents of the Will; fraud; lack of testamentary capacity; and undue influence and suspicious circumstances. A person who wishes to challenge a Will as being invalid must file a Notice of Objection with the …
Sometimes estate disputes are inevitable given the family dynamics for the challenge to be made. A variety of mechanisms exist to resolve disputes arising over testamentary documents, such as informal settlement, mediation, and court. Informal Settlement At any time, the matter can be resolved informally. Legal counsel may discuss the case and advise the parties …
Resolving Challenges to Testamentary Documents and other estate disputes Read More »
The role, powers and obligations of an attorney for property are set out by statute (Substitute Decisions Act, 1992) as interpreted by the courts (called common law). Purpose If a person is unable to look after or may need help with his or her own affairs such as banking, paying bills, buying necessary items, or …
The Tax Free Savings Account (TFSA) encourages Canadians to save money to meet financial goals and lifetime saving needs. No tax deduction is available for the contributions made, but all money withdrawn is tax-free and all investment income (e.g., interest, dividends, capital gains) can be generated without attracting tax or affecting the eligibility for federal …
Appointing an estate trustee who does not reside in Canada has several negative implications. A non-resident estate trustee is required to post a bond (which is costly and adds delay), and he or she may not be eligible to make certain financial investments available to Canadian residents (e.g., stocks, bonds, Canada Savings Bonds). Even if …
Implications of appointing a non-resident Estate Trustee Read More »
More Canadians are incorporating pre-paid funeral arrangements into their estate plan. Also known as an Eligible Funeral Arrangements (EFA). Where Can I Buy a Pre-paid Funeral Contract? A pre-paid funeral contract may be purchased from any person licensed to provide funeral or cemetery services, including a funeral director or owner or operator of a licensed …
An implied trust is created without a clear statement of trust by a settlor and rather from an intention presumed or imposed by the courts when a certain set of facts occur. Resulting Trusts A resulting trust occurs where the court presumes a trust was intended. A resulting trust occurs from the legal presumption of …
Implied Trusts; Resulting Trusts, Constructive Trusts and Remedies for unjust enrichment Read More »
One important reason to make a Will is to appoint a guardian and custodian for your minor children, in case you pass away before they reach the age of majority (18 in Ontario). What Can You Do in Your Will? Many people assume that when you name a guardian and custodian in your Will, that …
SWEATMAN LAW FIRM OAKVILLE
217 Speers Rd, Unit 14
Oakville, ON, L6K 0J3
Phone: 905.337.3307
Fax: 905.337.3309
SWEATMAN LAW FIRM GEORGETOWN
145 Mill St.
Georgetown, ON, L7G 2C2
Phone: 905.337.3309
Fax: 905.337.3309
