Author: admin

WHAT HAPPENS WHEN MY SPOUSE DIES?

What happens when my spouse dies?

If your spouse has a Will and passes away the surviving spouse must decide on whether they would like to proceed by way of:

  • Making an election for equalization payment as per the Ontario Family Law Act; or
  • Accept their entitlement as per the Will of the deceased spouse.

As discussed in some of my previous posts the law of estates in Ontario is governed by the Succession Law Reform Act.

It’s important to keep in mind that the surviving spouse must do this within six months from the date of the death.

The decision between the election and or the entitlement in the Will is largely going to be based on what is the better offer. In other words, does the surviving spouse stand to gain more as per Family law or the Will.

For additional information please feel free to call our office and speak with a Will and Estate Lawyer in Burlington.

Our office is located at 901 Guelph Line, Burlington.

You can also call or text at 416-505-4901 or call toll-free 1-800-939-9211

Additional Resources: Ministry of Attorney Generals website.

WHAT IS A SEPARATION AGREEMENT?

WHAT IS A SEPARATION AGREEMENT?

A separation agreement is one of the most effective ways for parties to resolve a family law dispute. Not only is it cost effective it can avoid years of litigation.

A separation agreement works best if the parties are somewhat co-operative and willing to consider a resolution. A separation agreement is not recommended for a high conflict situation.

Separation Agreement Ontario

What is a separation agreement?

If the parties agree normally one party will retain the services of a family law lawyer who can draft the separation agreement. Each separation agreement must be tailored according to the families needs. It is beneficial for the lawyer and the client to work together closely in ensuring all possible legal risk, and benefits can be adequately covered within the separation agreement.

On completion of the draft the separation agreement is provided to the other side. Normally, the other side is unrepresented. In that scenario the other side must obtain independent legal advice. Feel free to browse my post about what independent legal advice is.

What is Independent Legal Advice?

The agreement comes into force once it is signed. Common provisions in a separation agreement will deal with child custody, spousal support and property. Again, everyone’s needs are different.

Why you should avoid drafting a separation agreement on your own.

People will want to draft a separation agreement on their own. However, this is not recommended since only an experienced lawyer can advise about all the possible risks. For example, entitlement to spousal support or provisions dealing with financial disclosure.

At my law office in Burlington I provide a flat fee for drafting a separation agreement.

If you are looking for a lawyer to obtain independent legal advice or to draft a separation agreement then please call or text at 416-505-4901 or you can call toll free: 1-800-939-9211

I am located at 901 Guelph Line in Burlington.

 

 

What is Independent Legal Advice?

What is Independent Legal Advice?

Independent legal advice is a onetime meeting with a lawyer to review certain documents. Common documents that require independent legal advice might be a separation agreement or refinancing documents or a severance package.

WHAT IS A SEPARATION AGREEMENT?

Independent Legal Advice

What is Independent Legal Advice

Often, the party that has drafted the document will request that the other side who is unrepresented meet with a lawyer to obtain legal advice. For the represented party this is peace of mind that the unrepresented party understands the terms of the agreement.

Often these agreements will require the signature of the lawyer who provided the independent legal advice.

Most lawyers charge a onetime flat fee depending on the nature of the agreement. Obtaining legal advice in regards to a contract is a great way to protect and understand your rights if you are the unrepresented party. Similarly, independent legal advice provides peace of mind to the represented party.

If you require independent legal advice in Halton, Burlington, Oakville or Milton please give me a call.
I am a local lawyer in Burlington.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free:  (800) 939-9211

How should I select a Mediator?

Lawyers as Mediators. Why we are better. 

I am a lawyer in Halton with over a decade of experience with mediation and alternative dispute resolution.

Always select a lawyer for mediation. My opinion on this is biased of course. An experienced lawyer will be able to provide great insight to all the parties about not only the benefits of mediation but also the legal risk and liability with proceeding to a trial.

A lawyer with courtroom experience can convey to parties in a mediation about the consequences of a trial, whether a judge or jury will accept one version over another and how credibility is assessed.

While there are many types of mediators out there, only an experienced lawyer with real life mediation experience can discuss possible outcomes in the courtroom.

If you would like to find out more about mediation for your potential or pending legal case then please call my office. I provide cost effective mediation services with a view to your budget.

Call toll free: (800) 939-9211

Or if you are local dial: 416-505-4901

Address: 901 Guelph Line, Burlington, Ontario

What should I know about my Will if I am getting remarried?

Your Will and Remarriage

The hit series Golden Girls ended when Dorothy Zbornak, after years of unsuccessful relationships was swept off her feet by a dashing man named, Lucas Hollingsworth. Lucas played by the late Leslie Neilson and Dorothy played by Bea Arthur. Two legendary actors.

Dorothy and Lucas wed, thus causing Dorothy to move away with Lucas. What if, Dorothy lived in Ontario and had a Will prior to marrying Lucas?

Dorothy had children from a previous marriage and an ex husband, Stan Zbornak. If Dorothy had a Last Will and Testament it would be revoked on her marriage to Lucas. Shortly, after if Dorothy died without a Will her passing would be intestate. Therefore, according to Ontario law, Lucas would stand to inherit the first $200,000 of her estate with the bulk distributed amongst her two children Michael and Kate.

Technology and healthcare are causing people to live longer. Therefore, the scenario between Dorothy and Lucas is not all that uncommon. A Will being revoked on marriage leaves the door open for exploitation. Particularly, if the testator can be emotionally lured or intimidated. However, in many cases it seems the testator is actually wooed by the new partner.

Dorothy was so smitten by Lucas, she would have done anything.

It would be wise for those looking to get remarried to consult a Wills and Estates Lawyer. Preventive measures should be implemented to protect the testator and his or her estate from harm.

It would be wise to:

  1. Plan effectively and consult with a Wills and Estates Lawyer;
  2. Weigh your options with respect to title and ownership with your new spouse;
  3. Consult with a financial planer;
  4. Consider your options with your beneficiaries.

The above can be effective in reducing further estate litigation. However, a serious issue is whether or not the testator particularly if they are older have the legal capacity to enter into the marriage.

I will discuss that in another blog entry.

If you would like to speak with a Wills and Estates Lawyer in Burlington then please call my office. I also provide legal services in Halton, Hamilton and Milton.

PH: 416-505-4901

Address: 901 Guelph Line, Burlington, Ontario

How can a Will be revoked?

A Will can be revoked by the testator.  It can be revoked if there is a new Will. In this situation the testator should demonstrate and declare their intention to revoke in the new Will.

A Will can also be revoked if the testator burns, tears or destroys the Will or by another person in his or her presence with directions regarding the intend to revoke.

Marriage can also revoke a Will. Unless, a declaration is made in the Will in contemplation of marriage. In the alternative, the surviving spouse may elect to have the Will be considered valid. This election is to be done in writing and filed with the Office of the Estate Registrar within one year of the death of the testator.

Most folks are surprised to learn that a subsequent new marriage revokes their Will. It is not uncommon for an estate to be contested by a deceased testators’ children from a previous marriage against a new spouse. In this scenario, if the testator had a Will particularly one that was drafted many years earlier then the subsequent second marriage will revoke the Will.

At law the estate will be treated as though there were no Will, in other words intestate. This results in the new spouse inheriting the first $200,000 of the estate. The remainder is then to be distributed amongst the children.

If you would like to speak to a Wills and Estates lawyer please call my office: 416-505-4901

I am local in Burlington and Oakville.

901 Guelph Line, Burlington, Ontario

What is Mediation?

What are the benefits of Mediation?

I am a lawyer in Burlington, Ontario and I am pleased to provide mediation services to Halton Region.

I’ve blogged about common issues and or questions such as, what you should consider when borrowing or loaning money to a friend or how court should always be the last resort.

In this entry, I would like to discuss the benefits of mediation.

Mediation in many civil court cases is mandatory. Mediation is often mandatory with many tribunals as well such as, the Ontario Human Rights Tribunal and the Ontario Labour Relations Board.

Many legal cases whether being complex or simple often settle through mediation. Mediation is a great way to reduce legal costs, time and emotional stress.

I provide cost effective mediation services.

If you would like to know how mediation can be used to settle your dispute. Then please call my office.

PH: 416-505-4901

Address: 901 Guelph Line, Burlington, Ontario

What is a Discovery?

Examination for Discovery

In a civil lawsuit a Discovery is a mandatory process for cases over $100,000. However, Discovery is optional for cases under $100,000.

Prior to a lawsuit parties will often have had some interaction(s) with each other. Whether its over a breach of contract, a car accident or a wills and estate dispute the parties would have known each other through negotiations, emails and or meetings.

However, once civil litigation starts the parties would likely have only communicated through their lawyers. Therefore, Discovery is an opportunity to hear the parties evidence.

How long will the Discovery be?

Civil lawyers will schedule Discovery of all parties. The duration of the Discovery can really depend on the subject matter and complexity of the lawsuit. It an also depend on the individuals themselves and at times even the lawyers.

An experienced lawyer will prepare their client thoroughly, with what to expect and how to respond.

Discovery does not end the lawsuit. Nor does it take place in a courtroom. Subsequently, the process after a Discovery can take many months. Finally, in some situations there can be additional Discoveries of the same parties.

If you are looking for a civil litigation lawyer in Burlington or Oakville call today.

PH: 416-505-4901

Address: 901 Guelph Line, Burlington, Ontario

Address: 901 Guelph Line, Burlington, Ontario

Parental Alienation

I am an alienated parent.

Parental alienation is a terrible scenario where the custodial parent refuses access to the non-custodial parent. The most tragic of parental alienation cases are the ones where the custodial parent effectively brainwashes the child either intentionally or unintentionally.

Children in many of these situations end up developing a hatred for the non-custodial parent. In many family law courts custody is often granted to the mother. Many fathers have voiced complaints about being alienated from their children.

In some situations father’s can end up fighting for years in court and paying child support and spousal support to still never have an opportunity to see their children. In addition, having to pay a heavy legal bill with no real results.

One of the problems in these family law cases is lawyers who are unfamiliar with parental alienation.

PARENTAL ALIENATION LAWYER 

If you are an alienated parent then please call my office law office in Burlington to discuss your family law options.

PH: 416-505-4901

Address: 901 Guelph Line, Burlington, Ontario