When sitting down with a client to draft an estate plan, one of the most important elements is choosing an executor or estate trustee.  The executor is the person that is appointed, through your will, to administer the estate.  But what does this really mean?

The executor is in charge of wrapping up your affairs, applying for probate (we call it applying for a Certificate of Appointment of Estate Trustee in Ontario), paying debts, filing tax returns, distributing your estate to beneficiaries, and holding funds in trust for minor beneficiaries.  Most people choose a spouse or children to fulfill this role.  The choice ends up being more of an emotional than practical one, however, this is one area where you should be making this decision with your head, not your heart. 

Jonathan Chevreau’s recent blog post on the Financial Post (http://opinion.financialpost.com/2011/11/09/its-not-easy-being-an-executor-almost-50-tasks-poll-finds/) cites a survey about how people go about choosing their executors.  It goes on to link to a BMO list of exectuor tasks (http://www.bmo.com/estate/Task_List_Feature_Sheet_E_v1.pdf) to illustrate the importance and complexity of being an executor. 

Definitely something to consider when creating your own will and estate plan.  Contact us for more information.

Going through a legal separation and divorce is emotionally draining, daunting and complicated.  Some of the issues foremost in the minds of those considering taking this step are will I get support and if so, how much; how much will child support be; and what am I entitled to in terms of division of assets. 

The answers to these questions are never staightforward, as each case is different.  The law gives us guidelines, and the rest is up to negotiation between the parties, and when an agreement cannot be reached, evidence is presented to the court and an order is issued.  Sometimes, compromise on some issues may be advised, as going to court results in thousands of dollars in legal fees, and conceding on one or two points makes more financial sense.  Although difficult, you must leave the emotions aside and look at the situation as a business transaction.  At the end of the day, going to court should be a last resort.

The following is a great article that explains a little more about how the division of property works in Ontario.

http://www.divorceinontario.ca/dividing-family-property/

If you are in need of legal advice with regard to divorce or separation, contact the legal team at Quinn Law for more information.

One of the most common misnomers we come across with clients and at seminars and conferences, is:  that once you have lived in a common law relationship for a number of years (one, two or more) that it is as if you are actually married.

In Ontario, and some other provinces, that is not the case.  The definition of “spouse” varies from jurisdiction to jurisdiction, and also from legislation to legislation.  In Ontario, under the Family Law Act, a “spouse” generally means either of two persons who are married to each other.  Under Part III relating to support, “spouse” includes persons who have co-habited in a conjugal relationship for three years, or in a relationship of some permanence if they are the natural or adoptive parents of a child, in addition to those who are married.

So even the same piece legislation makes distinctions about the definition of spouse, depending on whether you are talking about support or property division.  Generally, legislation dictates that common law spouses have no rights to property division but they do have rights to spousal support.

In Ontario, we look not only to the legislation, but also to case law when immersed in family litigation.  Recent case law at the Supreme Court of Canada addresses the rights of common law spouses with regard to property division.

Whether married or common law, you would be well advised to seek the advice of a family law lawyer, when facing possible termination of the relationship or when entering into a new relationship.  Most importantly, keep yourself informed, regardless of your circumstances.

One of the most important things one must do is a proper estate plan.  My rule of thumb is that as soon as you have property (money on deposit, investments, real property etc.) or have kids, you need to have a will.  It is truly shocking how many people don’t have their affairs in order. 

Let’s face it, planning for your demise is not at the top of everyone’s to-do list.  Most people say, “I know, I know, I really should do it…” but never seem to want to take the time or spend the money to draw up a proper estate plan.  Let’s see, we spend money to care for and maintain our motor vehicles, we have house insurance in case of burglary or some unfortunate plumbing disaster, heck, if you add up that coffee we buy every morning – you’re likely spending more on coffee in a year than you’d spend to protect your assets and the well-being of those you love in the event that something happens to you.

I had the opportunity to speak at a national conference in Vancouver with my associate Adamo Paniccia this past weekend.  We gave a two-day workshop on the Legal Ramifications of Major Life Events:  Surviving Death and Divorce.  My sessions were geared to living wills, powers of attorney and the key elements of estate planning.  Adamo talked about matrimonial property and pension division.  Every time I speak on estate planning, I aim to educate and invariably dispel the many misnomers people have about what happens if you don’t have a will, or powers of attorney in place. 

Check back with the blog from time to time, and we’ll continue to put articles about estate planning, among other things, that may be of interest to you.  In the meantime, you can check out this link to an interesting article I came across this morning: 

Wills:  How to Give One Child Less http://online.wsj.com/article/SB10001424053111903648204576554620047917688.html?mod=WSJ_PersonalFinance_FamilyFinance

We finally have our new blog up and running, and we look forward to posting firm news and interesting articles and links here for all our visitors.  Pretty soon, we will also feature a subscription, where you can get articles, newsletters and blog posts right to your inbox.

These are exciting times for Quinn Law.  We moved to a new location in November, 2010.  In January, we welcomed a new addition to our legal team – Adamo S.A. Paniccia.  Adamo has litigation experience in criminal, personal injury, immigration and litigation and is licensed in Florida, D.C. and Ontario.  At Quinn Law, he leads our new family law practice and we are very fortunate to have him on board.  Suzanne and Adamo are heading to Vancouver to speak at a National Employee Benefits Conference on the Legal Ramifications of Major Life Events:  Surviving Death and Divorce in early September.

In April, Lisa S.K. Winston joined our team at Quinn Law.  Lisa has extensive experience in commercial and residential real estate, commercial leasing, wills and estates, corporate and immigration law.  Suzanne and Lisa felt an immediate connection upon first meeting last year, and we are very fortunate that Lisa decided to join Quinn Law and bring her years of expertise and excellent client relations to our clients.

Now that we’re heading into the fall, we look forward to contributing to our new blog, hosting seminars and continuing to grow our special brand of legal practice.  Feel free to contact us to arrange a consultation or inquire about arranging one or more of our team to speak to your group.  Email us at info@quinnlaw.ca.

We have a new location for 2011.
8611 Weston Rd., Unit 20, Woodbridge, Ontario, L4L 9P1
Call us today to make an appointment.
(905) 856-0072