Wills and Estates

Bradshaw v. Hougassian et al.: Understanding Resulting Trusts and the Requirements of Section 13 of the Evidence Act in Estate Disputes

Introduction: Understanding Beneficial Ownership in Estate Disputes Property disputes, particularly within families, often bring forth the tension between beneficial ownership and legal ownership. Beneficial ownership arises when someone has a financial or equitable interest in a property despite not holding...

By Yasmin M. Vinograd lawyer at Merovitz Potechin LLP on Thursday January 2, 2025

Gratuitous Gifts – Application of Pecore Principle Beyond Family Ties – Part 1 of 2

The legal landscape is often complex, with principles that seem specific in scope. However, sometimes these principles have far-reaching implications that extend beyond their initial context. One such example is a well-established principle from the Supreme Court of Canada’s 2007...

By Merovitz Potechin lawyer at Merovitz Potechin LLP on Tuesday April 16, 2024

Updating Your Estate Plan: When and Why It Is Necessary

Creating an estate plan is a crucial step in ensuring your assets are distributed according to your wishes and that your loved ones are well taken care of once you have passed. However, creating an estate plan is not a...

By Merovitz Potechin lawyer at Merovitz Potechin LLP on Tuesday August 22, 2023

Improving Access to Justice in Estate Matters

Updated post - June 29, 2021 Effective January 1, 2022: Changes Improving Access to Justice in Estate Matters Updated post - May 6, 2021 Update on Improving Access to Justice in Estate Matters In light of the COVID-19 pandemic, the...

By Merovitz Potechin on Tuesday March 23, 2021

Did they forget about me? A Primer on Dependent Support Claims

In Ontario, if a testator (will-maker) fails to account for you in their will, and they had an obligation to support you, you can sue the deceased’s estate on the basis that you are a dependent of the deceased under...

By Merovitz Potechin on Wednesday October 21, 2020

How to Protect the Elderly from Will Revocation Upon Predatory Marriage.

With the population in Ontario aging rapidly and predatory marriages on the rise, the Ontario government is concerned for elderly persons that are being approached by financial predators, whose exclusive motivation for entering into a relationship with the elderly person...

By Merovitz Potechin on Tuesday September 8, 2020