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Tag: <span>dependant support</span>

Dependant Support & Section 72 Assets – Is a pre-retirement death benefit a Section 72 Asset?

In advancing a claim for dependant support against an estate, one of the key considerations is what assets are available to satisfy the claim. Section 72 of the Succession Law Reform Act (“SLRA”) lists certain assets and transactions which may be clawed back and deemed to form part of the estate, for purposes of ascertaining […]
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Quinn v. Carrigan: “No litigation outcome is inevitable”

by Rob Levesque, Published: November 15, 2014 It can be comforting to think of the law as an objective system that produces consistent, predictable results.  However, judges aren’t computers, and different judges can interpret the same facts and the same law in different ways, producing totally different outcomes. It can be particularly difficult to predict the […]
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Do the claims of dependants have priority over the claims of other creditors?

by Rob Levesque, Published: October 15, 2014 In the administration of any estate, one of the estate trustee’s first jobs is to identify potential creditors who might advance claims against the estate.  The general wisdom has always been that an estate trustee should make sure that he or she has held back sufficent funds from the […]
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