DeKrupe, Author at De Krupe Law

04 June

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Not Really Anyone: Who Can Witness a Will in Ontario?

A witness signing a will in Ontario, Toronto, in a lawyer's office

So you wonder, who can witness a will in Ontario. Most likely, the shortest answer you can get is “anyone, as long as they’re not beneficiaries or their partners”. And it would be right in most circumstances but it’s definitely not all there is to know. The subject matter is rather complex, though easy to dissect once we apply current laws and our practice. Here is all you may need to know about will witnesses to secure the integrity of your last wishes. Who can witness a will in Ontario? No long introductions. In accordance with the Succession Law Reform Act, “a competent...

13 August

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Powers of Attorney

Posted by DeKrupe

in Wills

Power of Attorney for Property A continuing power of attorney for property will continue even if the person granting it becomes legally incapacitated for health reasons. It must be in writing and witnessed by two persons. In order for it to be a continuing power of attorney it must state so. It is deemed to be in effect as soon as it is executed unless the grantor instructs otherwise in writing in the actual Power of Attorney...

13 August

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Wills

Posted by DeKrupe

in Wills

Requirements of Wills In Writing A will has to be in writing, typed or hand written. A tape-recorded or videotaped will is not valid. Signed by the Testator A will has to be signed by the person making the will. If a person is unable to sign with his own hand he can direct another to do so in his or her presence, in this case testator must acknowledge in the presence of...

13 August

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Matrimonial Home

Posted by DeKrupe

in Family Law

What is a matrimonial home? The matrimonial home is defined in s.18 of the Family Law Act as “every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinary occupied by the person and his or her spouse as their family residence.” It is possible to have more than one matrimonial home as long as both or one spouse considers that property to be their family residence. Property bought or used only for investment that are rented out would usually not fall under this category. Do I have a right...

13 August

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Foreign Divorce Opinion Letter

Posted by DeKrupe

in Family Law

Who can provide a Foreign Divorce Opinion Letter? In Canada only a lawyer can provide such a letter as only a lawyer has the right to practice family law in Canada. A paralegal cannot provide such a letter as a paralegal is not qualified and is not...

13 August

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Domestic Contracts

Posted by DeKrupe

in Family Law

Marriage Contract Property ownership and division of such; Support obligations; Any other matters. Marriage contract may not: Deal with child custody or access rights; Purport to limit a spouse’s rights to possession of the matrimonial home under part II of the Family Law Act. Cohabitation Agreements A cohabitation agreement usually deals with the following: Property ownership and...

13 August

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Custody/Access

Posted by DeKrupe

in Family Law

What is custody? There can be sole custody when one parent makes all the decisions or joint custody where both parents make the decision. Principles of determining custody: The main principle is do what is best for the child. That being said here are some of the principles that the court will keep in mind: Usually siblings should stay together. The wishes of the child, especially an older child, are considered. Past conduct of the parents is usually not relevant unless it has a...

13 August

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Child Support

Posted by DeKrupe

in Family Law

Family Law Act and Divorce Act each require parents to provide support for their children. DIVORCE ACT Under s. 2(1) of the Divorce Act a “child of marriage” a child of two spouses or former spouse who: Is under the age of majority (18 years in Ontario) and who has not withdrawn from their charge, or Is the age of majority or over and under their charge but unable, by reason of illness, disability, or other cause, to withdraw from their charge or to obtain the necessaries of life. According if the child is over 18 years of age but is...

13 August

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Statute of Frauds

Posted by DeKrupe

in Contracts

Statute of Frauds It states that certain types of contracts must be in writing and signed by the parties. Such contracts include: Contracts by an executor of an estate to pay debts of the estate from personal funds; Contracts by a person to guarantee the debts of another or be responsible for the tort obligations of another; Contracts for the sale of...

13 August

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Contract

Posted by DeKrupe

in Contracts

A contract does not have to be some long documents prepared by lawyers. In fact a person encounters contracts throughout his or her daily life, in a form of paying for parking, bus token, even buying a cup of coffee involves a contract. A contract can be oral, written and then it can be explicit like an apartment lease that spells out the terms of the contract or implicit just like you buying a cup of coffee buy handing the money and taking...

13 August

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Breach of Contract

Posted by DeKrupe

in Contracts

Remedies The Remedies available in the event of breach of contract include Damages – the most common remedy for breach of contract, damages are a sum of money to compensate the injured party. Specific Performance – In some cases simply awarding a sum of money might not be enough to compensate the injured party, and equitable remedy specific performance might be awarded to require the party at fault to perform his...

12 August

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Interest in land

Posted by DeKrupe

in Real Estate

There are there ways in which you can have an interest in land. Fee Simple Estate – most common when buying land. A person who has a fee simple estate has the right to exclusive possession of the land and the right to transfer the land, gift it, lease it out, or dispose of it for an infinite period of time. The Life Estate – this type of interest grants the owner the right to exclusive possession of the land for a particular lifetime. When the owner of a life estate dies the land will revert back to whoever granted...

Author: DeKrupe