Canada: Family and Matrimonial

Crypto in divorce in Canada presents unique hurdles for couples managing Bitcoin, Ethereum, and other digital assets amid separation.

When parents separate and share custody equally, many assume child support obligations disappear. Ontario's Child Support Guidelines reveal a more nuanced reality where income differences, household costs, and children's needs determine financial responsibilities even in 50/50 arrangements.

When a testator's will contains errors that don't reflect their true intentions, Ontario courts can apply the legal doctrine of rectification to correct these mistakes. This remedy is available only in limited circumstances: clerical errors, misunderstood instructions, or failure to carry out the testator's directions, requiring strong extrinsic evidence to demonstrate what the deceased actually intended.

Crypto in divorce in Canada presents unique hurdles for couples managing Bitcoin, Ethereum, and other digital assets amid separation.

When parents separate and share custody equally, many assume child support obligations disappear. Ontario's Child Support Guidelines reveal a more nuanced reality where income differences, household costs, and children's needs determine financial responsibilities even in 50/50 arrangements.

Grey divorce—separation after age 50—is becoming increasingly common in Canada, bringing complex legal and financial challenges that differ significantly from traditional divorces. With retirement savings, pension division, and long-term financial stability at stake, understanding your legal rights and options is crucial when navigating a late-life separation.

Cross-border couples face complex tax implications when a Canadian spouse names their U.S. citizen partner as beneficiary of a Tax-Free Savings Account (TFSA). While TFSAs offer tax advantages in Canada, the IRS treats income from these accounts differently for U.S. persons, creating unexpected reporting obligations and potential tax consequences that require careful estate planning coordination between both countries.

Choosing an executor is one of the most consequential decisions in estate planning. An executor is a fiduciary required to act honestly, impartially, and in the best interests of the estate over their own.

The courts in both Ontario and British Columbia have determined that Wills containing a pour-over clause directing assets into a revocable or amendable trust are invalid.