Are you like Marko? His spouse, Anna, died but did not mention him in her will. Marko asked my office for a meeting with me. I spoke with him on the phone before we met. I needed to know if I could help him. Otherwise, I would…
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First off, you are entitled to condolences. Losing a spouse is a devastating event. It shatters your world and turns you upside down. You struggle with your new reality. Everyone is ready to give you advice and you are bombarded with questions. You need experienced legal advice…
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Yes, if you’re married or in a common law relationship, it makes a difference. You lived with a partner for 13 years and suddenly your partner dies. If your partner never made a will, what do you do next? You need legal advice about your rights. In…
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Are you a surviving common law partner? Common law spouses often have to fight to get a share of a deceased’s partner’s property. This is because Ontario does not automatically give cohabiting partners a share of property. Married partners in Ontario have certain automatic rights to share…
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Once upon a time, Jack and Nicole lived together in Jack’s house. They both worked to pay off Jack’s mortgage. Then they decided to have children. Nicole gave up her job to raise the twins. Jack made a bundle in a computer business, which he sold for…
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What’s the difference between a friend, a family member and a lover? All three have different rights to share in estate property. How can you be affected by these rights? It depends if you are an estate executor, estate beneficiary or surviving common law spouse. Here are…
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You may need some good news if you have recently lost your common law spouse in Ontario. If you qualify and need support, laws allow you to apply for dependant’s relief. The hard part is that, like many of my clients, you need to start a legal…
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Let’s look at lawsuits between common law spouses over property. In my thirty years of experience, these cases are bitterly contested. I will explain how a lawyer can attack or defend an estate. The Kerr decision gives a template for common law spouses to resolve their property…
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The word joint pops up in all the posts this week. I am sharing stories to explain the word’s different legal meanings. “Joint” now has new importance for domestic partners. Your common law partner has rights to your property if a joint family venture exists. Are you…
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Let me describe what the Kerr v Baranow case means for common-law spouses. Common-law spouses do not get property rights unless they make a claim, or are provided for adequately in an estate plan. Common-law spouses must sue their partners’ estate and make a claim for unjust…
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