Bales Beall

Research has shown that children of high-level conflict families carry the marks and scars of the conflict.  It is not the separation of the parents, but rather the way the parents interact that creates these problems.

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Across Ontario, numerous families provide support to adult children who are unable achieve financial independence due to a disability, mental health or other issues. There are estate planning tools that address the concern of providing on-going support for dependant adult children after the death of the supporting parent.
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Originally appeared in Deadbeat, Vol. 27 No. 4 May 2009, published by the Ontario Bar Association
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Removing an attorney for property is notoriously difficult. Great deference is afforded to the incapable person’s choice for attorney provided in a valid power of attorney (POA). On September 12, 2008, Justice Fragomeni issued a landmark decision in Re Schaefers Estate (1) wherein the attorney for property of an incapable person was removed. While “strong and compelling evidence of misconduct or neglect” must be established, this case illustrates that the threshold for removal is lower than Ontario counsel may have previously believed.
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This article addresses some questions relating to the calculation of net family property (“NFP”) and the division of matrimonial property in Ontario.

Part I of the Family Law Act (“FLA”) provides the regime for the division of family property on marriage breakdown in Ontario. This is distinct from issues of spousal or child support, which are dealt with in Part III. The FLA provides for an “equalization” of spouses’ NFPs.
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Jennifer Herzog, Associate.

Question:
I’m getting married for the second time around. My fiancée and I have both been married before and have children from previous marriages. We love each other very much, but if I die I want everything to go to my kids. I made a will a number of years ago, before I met my fiancée, which states my wishes that everything should be divided equally between my kids. I’m not worried about leaving my fiancée with nothing because she has her own business and has been taking care of herself for a long time without my help. Will my old will be enough to ensure that my intentions are followed upon my death?
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Question:
My boyfriend and I live together in a great condo in Davisville. I own the condo and we’ve been living there for 4 years. We just had a pretty ugly breakup and I am thinking about selling the condo and using the equity to fund a ‘soul searching’ trip around the world for a year. Does my boyfriend have any right to the proceeds of my condo since we’ve been living together so long?
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Question:
I am the owner of a detached house in Davisville. My wife and I have been living in the house for the past two years. We recently split up and I want to sell the house and buy myself a condo in the area. My Realtor tells me that I need to get my wife’s consent in order to list the house for sale. My wife doesn’t own the house, so why would I need her consent?
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