The Pros and Cons of Grey Divorces

July 3, 2019 By: Samantha Rosen-Lawlor There have always been couples who divorce later in life. But with an aging baby boomer population approaching the age of retirement, there has been an increase in what has been dubbed “grey divorces”. According to a recent article in Law Times, there are different complexities to divorcing later in life. One aspect of the divorce process most older couples can avoid are proceedings related to child custody and child support. For most older couples, their children have reached adulthood and have started families of their own. This means the parents may not need to interact [...]

The Pros and Cons of Grey Divorces2020-11-12T16:45:46-05:00

Important Items to Consider When Drafting a Will

June 19, 2019 By: Samantha Rosen-Lawlor Thinking about a will can be a difficult process. It means thinking about what would happen to your spouse or partner, children, grandchildren, siblings and family and friends when you pass away. While difficult to think about, it’s also a crucial way to ensure that your wishes concerning your surviving family and friends, are met. Clear directions on how to provide for spouses, adult children and their families, and how you wish to divide your estate can help your family avoid the complications that can arise if your will is vague, or you pass away [...]

Important Items to Consider When Drafting a Will2020-11-12T16:45:51-05:00

Common-Law Relationships And Estates Law

April 5, 2019 By: Samantha Rosen-Lawlor Common-law couples do not have the same rights as married couples. If your common-law partner passes away without a will, you may not have many legal options at your disposal to protect your rights to his or her estate. It’s important to understand the options you can pursue in this situation, and to discuss them with your partner as you plan your wills to make sure each of you is protected. As outlined on s Steps to Justice page, there are a couple of alternatives that a surviving partner can look into. Below is a very brief [...]

Common-Law Relationships And Estates Law2020-11-12T16:45:56-05:00

When A Joint Tenancy….Isn’t…

February 5, 2019 By: Jennifer Foster There are many different way to share ownership of an asset with another person. In a “joint tenancy” situation, two or more people own property together and if one person dies, the surviving owner(s) automatically acquires the ownership share of the deceased person. This means that no part of the property falls into the estate of a deceased joint owner under the last owner dies. The term “joint tenancy”  is used to refer to ownership of real property (house, land) but other assets may also be owned jointly in this way—joint ownership of assets other [...]

When A Joint Tenancy….Isn’t…2020-11-12T16:13:03-05:00

2018 Changes to the Ontario Construction Lien Act

November 28, 2018 By: Samantha Rosen-Lawlor On July 1st, 2018, the first set of changes to the Ontario Construction Lien Act came into effect, the first being its new name, the Construction Act. This set of amendments will not apply to any project where: the contract for the improvement (the project) was effective before July 1, 2018, even if subcontracts are only effective after July 1, 2018; the procurement process for the improvement was commenced by the owner before July 1, 2018; or the premises are subject to a leasehold interest and the lease was first entered into before July 1, 2018. So, the [...]

2018 Changes to the Ontario Construction Lien Act2020-11-12T16:46:01-05:00

What Sarah Said

August 24, 2018 By: Jennifer Foster This is one of my favourite songs by Death Cab for Cutie—a mournful composition of a last vigil. Unlike my musician spouse, poignant lyrics will draw me into a song much more quickly than the accompanying musical score. And my pull to this particular song has become even stronger lately as I spend more and more time with clients in urgent and palliative care. Drafting or amending a will during one’s final moments in this world can give comfort and reassurance—asserting control over the process of dying, ensuring loved ones are looked after, perhaps even [...]

What Sarah Said2020-11-12T16:25:27-05:00

Estate Planning: Choosing a Power of Attorney

July 20, 2018 By: Jennifer Foster In this day and age, not even landing on the moon can protect someone from apparent elder abuse. Edwin E. (Buzz) Aldrin is suing two of his children and a former manager. The famous astronaut is accusing them of mismanaging his business affairs and of slandering him by claiming that 88-year-old Aldrin has dementia. He wants a court judge to take control of his financial affairs and social media accounts away from his son Andrew. Aldrin claims that he revoked the power of attorney he gave Andrew, but that Andrew still makes financial decisions for him. [...]

Estate Planning: Choosing a Power of Attorney2020-11-12T16:46:07-05:00

If You Love Someone, Send Her to Law School… If She Loves You, She’ll Come Back to Article

July 20, 2018 By: Jennifer Foster On Friday we wished our estates clerk, Janet Song, farewell (mostly). Janet Song has been an important member of our team over the past fifteen months or so, diligently organizing our wills and estates files and lawyers. But, alas, Janet is off to pursue her next calling at Osgoode Law School. Janet's contribution to the firm has been tremendous. She quickly and efficiently mastered all elements of the estate clerk role and beyond. While she has graciously promised to assist us on a part time basis as her schedule permits, her presence at the firm [...]

If You Love Someone, Send Her to Law School… If She Loves You, She’ll Come Back to Article2020-11-12T16:46:12-05:00

Capacity Planning

May 11, 2018 By: Jennifer Foster When I worked in the mental health sector, capacity planning meant setting out health care instructions in advance for a substitute decision maker called upon during periods of episodic illness—usually in relation to young adults. Estate planning involves similar considerations with two main differences: first, capacity planning in these circumstances recognizes that the potential for incapacity is not episodic but probably permanent; and, second, that incapacity planning will involve not only decision making related to treatment of illness, but also financial and long term care decisions. The principles and the legislation are certainly the same; [...]

Capacity Planning2020-11-12T16:38:10-05:00

The Decline of the Written Word

May 11, 2018 By: Jennifer Foster I was surprised to learn-only just recently-that students are no longer learning to "write" in school. With computers and laptops in school, printing is about as far as the pen goes. Having completed my first post secondary degree on a typewriter-and the second on a computer in a bank of machines located in a dusty basement of the university-it made me pause to think about a world in without writing utensils. Is this necessarily a bad thing? In the case of wills, maybe not. Codicils were pages attached to a will that set out revised [...]

The Decline of the Written Word2020-11-12T16:46:19-05:00
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