Tag: succession law

24 Nov

A Perceived Gap in Alberta’s Succession Law

Kira Domratchev Estate Litigation, Support After Death Tags: , , , , , 0 Comments

I came across an interesting report on Alberta’s succession law and what is perceived as a gap that has affected family maintenance and support in the province. The report was published by the Alberta Law Reform Institute (ALRI) and can be found here.

In accordance with the Family Law Act in Alberta, a child can apply for and may be entitled to support from a person standing in the place of a parent, when a couple separates. Under the Wills and Succession Act, however, which applies when a person dies, there is no provision addressing the distinction of a “person standing in the place of a parent”. What that means is that while a person who is characterized as a “person standing in the place of a parent” is alive, the child can apply for support under the Family Law Act but if this person dies, that same child has no ability to seek support from the Estate of this person “standing in the place of a parent”.

Consequently, the ALRI is of the view that there is a gap in the law that ought to be rectified on the basis of an equality argument, alone. This report was apparently recently sent to the province of Alberta but there has been no response, as of yet.

In comparing the provisions of the Succession Law Reform Act here in Ontario, it appears that the very issue raised by the ALRI is addressed by section 57(1) where the definition of a “child” includes a grandchild and a person whom the deceased has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where a child is placed for valuable consideration in a foster home by a person having lawful custody.” [emphasis added]

Certainly, it is important that children be able to bring a support claim against the estates of their parents, where not appropriately provided for out of the estate, even where not formally adopted but clearly treated as a child.

It will be interesting to see what happens and what the province of Alberta will do, if anything, in response to this report from the ALRI.

Thanks for reading!

Kira Domratchev

Find this blog interesting? Please consider these other related posts:

Perils in the Succession of the Family Cottage

B.C.’s Wills, Estates and Succession Act: Claims May be Pursued by Beneficiaries

Testing the waters of Section 72(1)(d) of the Succession Law Reform Act

18 Oct

Hull on Estates #489 – Extending Limitation Periods for Dependant’s Support Claims

Hull & Hull LLP Hull on Estate and Succession Planning, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes Tags: , , , , 0 Comments

 This week on Hull on Estates, Paul Trudelle and Umair Abdul Qadir discuss limitation periods for dependant’s support claims, seeking leave to extend the limitation period under the Succession Law Reform Act and the recent Ontario Superior Court Justice decision in Weigand v Weigand Estate, 2016 ONSC 6201 (http://bit.ly/2dBTomV).

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

Click here for more information on Paul Trudelle.

Click here for more information on Umair Abdul Qadir.

17 Aug

Hull on Estates #429 – Succession Law Reform Act

Hull & Hull LLP Hull on Estate and Succession Planning, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes, Support After Death, Uncategorized Tags: , , , 0 Comments

Today on Hull on Estates, Noah Weisberg and David Morgan Smith discuss the recent English Court of Appeal decision of Ilott and Mitson which considers both estrangement and testamentary wishes in the context of dependant support and its application under Part V of the (Ontario) Succession Law Reform Act.

Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog below.

Click here for more information on Noah Weisberg.

Click here for more information on David M. Smith.

20 Mar

Yahoo Japan & End of Life Digital Planning

Hull & Hull LLP Beneficiary Designations, Estate Planning, General Interest, In the News Tags: , , , , , , , , , 0 Comments

In today’s society, not only are individuals amassing vast digital assets, but they are also increasingly present on social media.  More than ever, when planning your estate it is important to consider what happens to digital assets and your social presence when you pass away.  The importance of these questions have been addressed prior on Hull & Hull LLP’s Toronto Estate Law Blog, here, here, and here.

As succession law in Ontario does not provide a complete solution, individual corporations are beginning to take matters into their own hands.  Yahoo Japan is one such example.

Yahoo has created Yahoo Ending, in order to address end of life preparations known to the Japanese as ‘Shukatsu’.

According to an article in the Washington Post, this service allows the deactivation of a user’s account after their death, in addition to offering the deletion of documents, photos, and videos stored on the site, as well as automatically cancelling charges linked to Yahoo’s digital wallet.  Furthermore, a virtual memorial space can be created along with an e-mail prepared by the deceased to be sent upon their death to preregistered recipients.

Interestingly, Yahoo Ending can also assist in estimating the cost of a funeral, locating a cemetery, and even the preparation of a Will.

Users of Yahoo Ending are charged a monthly fee.

Individuals must consider the size of their digital footprint and the many accounts they may currently have open.  It is important to meet with professionals and estate planners to ensure your digital assets and social media accounts are properly considered, and planned for, in your Estate.

Noah Weisberg

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