Sep 12, 2024
Typically, the expectation when someone dies with a Will is that the beneficiaries named in the Will inherit the estate. Similarly, if someone dies without a Will, it seems reasonable to assume that the estate will be distributed to the beneficiaries established under the rules of intestacy in the Succession Law Reform Act.
While this is all true, there may be a person (or even more than one person) not named in the Will, or who isn’t a beneficiary according to the rules of intestacy, but who is still entitled to funds from the estate, if that person is considered a dependant of the deceased. These dependants may make a claim against the estate for funds, even if they aren’t estate beneficiaries.
When a dependant claims support from an estate, this may mean that beneficiaries end up inheriting a smaller portion of the estate than they otherwise would. It also means that assets that typically pass outside the estate, like an insurance policy, a registered account like an RRSP, or even a jointly owned property, may be considered part of the estate for the purpose of the dependant support claim. This is the case even if these assets have already been distributed to the beneficiaries.
But who qualifies for dependant support from the estate? There is a two-part test set out in the Succession Law Reform Act that helps answer this question. First, the person claiming support must be a dependant of the deceased, meaning they were either a spouse, parent, child, or sibling of the deceased to whom, immediately before death, the deceased was providing, or had a legal obligation to provide, support. Note that “spouse” includes a common-law spouse who was never married to the deceased.
If the person fits within the definition of “dependant”, the next part of the test is to determine whether the deceased made adequate provisions for proper support of that dependant. For example, is that dependant already a beneficiary of the estate receiving proper support? Or is that dependant a beneficiary of the deceased’s life insurance policy and already receiving proper support that way? If not, the dependant may be able to bring a court application for support from the estate.
Lawyers can advise potential dependants, as well as estate trustees, on whether there is a potential dependant support claim, when that claim must be brought, and how it may impact the distribution of the estate.
Cara Zacks
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Aug 30, 2024
We are proud announce that Casey & Moss LLP partners Angela Casey, Angelique Moss, Cara Zacks, and Laura Cardiff have been recognized in the 2025 Edition of The Best Lawyers in Canada™.
Additionally, we are thrilled to congratulate Zara Wong and Adam Giancola on their well-deserved achievement of being named in the 2025 Edition of the Best Lawyers: Ones to Watch in Canada™.
We are extremely honoured to be recognized by Best Lawyers since 2017!
Jul 19, 2024
We moved into our office two years ago and there was always something (ahem… billable work) which put us off hanging art on the walls. When we finally got some pieces a few weeks ago we realized we didn’t really want to hang them ourselves. So Cara Zacks asked the local shop that had printed them for us if they knew someone who could do it. The owner, Vinny, said he would be glad to do it himself on the Friday before the Canada Day weekend. This was perfect as we had given our staff the day off.
When Friday morning turned to afternoon and then late afternoon, Laura Cardiff and I had our doubts Vinny would show but Angela Casey, eternally optimistic, had no qualms whatsoever, and right she was again. Vinny arrived while I was wrapping up an intense potential client call. When it ended, l wanted nothing more than to head home and forget about the week. But when I opened my office door there was Vinny, standing rather precariously on our furniture, attempting to hang art all the while laughing and trading tales with Angela. I knew I wouldn’t be leaving this party anytime soon.
It quickly became clear to us that Vinny (who never represented himself this way) was not a professional picture-hanger. Exhibit A: he came without a tape measure. Exhibit B: his frequent exclamations of “well, I cocked that up!” whenever he messed up a measurement. But Vinny’s humour, enthusiasm, and can-do attitude made up for any shortcomings in his skills.
The three of us worked together to hang the canvases over the course of a couple hours. What would have otherwise been an uneventful Friday afternoon turned into a fun kick-off to Canada Day weekend.
Cheers to all of the Vinnys who make life brighter, in the most unexpected ways. And check out Mr. Photo Canvas for all your photo canvas printing needs!
Angelique Moss
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Jun 21, 2024
Although Casey & Moss’s offices are in downtown Toronto, we represent clients throughout the province of Ontario (not to mention clients who live outside Ontario and abroad).
When a client first retains us to respond to or to start litigation, they often ask what Ontario city the litigation is going to proceed in. This is especially true if the client, the other parties, the incapable person, or the deceased’s assets are located in different cities across Ontario.
There are several considerations that go into a decision about where to start litigation in Ontario.
First, if our client has been brought into an already-ongoing court proceeding as a respondent or a defendant, we will generally agree to the jurisdiction of the litigation selected by the applicant or plaintiff. Most court appearances and hearings under an hour long continue to take place over Zoom. As a result, it is just as easy for us to appear in court in Toronto, Kingston, or Thunder Bay. We no longer have to travel to courthouses outside Toronto, unless we are appearing on long motions, application hearings, or trials. Mediations and cross-examinations can also take place remotely, especially if parties and lawyers are based in difference cities around the province. This makes it easy and cost-effective for us to represent clients involved in litigation outside Toronto.
If our client is commencing litigation, several considerations come into play when choosing where to bring the proceeding.
The Rules of Civil Procedure say that if there is no statute or rule requiring a proceeding to be commenced in a particular county, then the proceeding may be commenced at any court office in any county named in the originating process.
We often recommend that our clients start litigation in Toronto, even if they or the other parties aren’t located in Toronto, because Toronto is home to the Superior Court of Justice Estates list.
The Estates List is a specialized court in Toronto comprised of judges who hear proceedings exclusively involving issues of estate, trust and capacity law. Currently, there are four judges sitting on the Estates List. Each of these judges has extensive experience with estate litigation. The judges not only have familiarity with these types of proceedings, but court procedure on the Estates List is tailor-made for estate litigation. For example, we can book 15-minute scheduling appointments before an Estates List judge so that we can quickly and inexpensively get orders for production of documents like medical records, which is frequently one of the first steps in estate litigation. Another factor is that there is mandatory mediation for estate matters in Toronto, which can mean earlier settlement discussions and chances for resolution.
In our experience, if we bring a proceeding on the Estates List in Toronto, counsel in other cities rarely object or seek to have the proceeding transferred to a different courthouse. This is because of the expertise and efficiency of the Toronto Estates List, as well as the fact that counsel outside Toronto don’t have to travel to Toronto to attend in-person scheduling appointments, case conferences, short hearings, or mediations. All of this can be done over Zoom.
The decision about where to start litigation is something we discuss early on with our clients and is a decision we make together, based on what we think will be most efficient and cost-effective.
Cara Zacks
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Apr 12, 2024
On April 8th, the whole city stopped what it was doing while we watched, through the clouds, as the total eclipse darkened the skies for almost five minutes.
At Casey & Moss, some of us watched the eclipse with colleagues from our downtown Toronto office building. Some of us stayed home with our kids and watched fro
m our backyards. Others travelled out of the city to the path of totality where we managed to find clear skies. As we watched, wherever we were, we all shared our photos and reactions with each other.
The eclipse was a unique moment of connection with our colleagues, neighbours, and community. We wanted to share some of the photos that our team captured during that moment.
Capturing the Full Eclipse
The Eclipse Over the Skyline
Fun Eclipse Glasses
Just Before the Full Eclipse
Cara Zacks
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
