Author: Margaret O'Sullivan

For Richer or for Poorer: Differing Rights for Spousal Property Division on Death in Canada

Margaret O'Sullivan February 13, 2019

When it comes to spousal property division on death within the Canadian context, many different laws govern. Under constitutional law, property rights fall within provincial and territorial jurisdiction, and with ten provinces and three territories that means thirteen different jurisdictions, each with their own unique laws to govern what happens

Posthumous Use of Reproductive Tissue: Who Decides?

Margaret O'Sullivan January 31, 2019

The law concerning assisted reproductive technology (“ART”) occupies a unique space where the autonomy of the human body intersects with property rights, which historically at common law did not extend to the human body or body parts. The world’s first in-vitro baby was born in 1978, but it was only

Never Too Young To Start: Family Law Considerations for Millennials

Margaret O'Sullivan January 16, 2019

In a prior blog on millennials and estate planning, I discussed its importance for the younger generation and the unintended consequences that can result from failing to have proper planning in place. In today’s blog, I hope to take that notion a step further by discussing family law implications that

The Movement to Transparency and the Erosion of Privacy

Margaret O'Sullivan December 13, 2018

We live in a world in which personal privacy is under siege, or perhaps simply not valued as much by many as it was by prior generations. As we reach the end of 2018, this year has seen a number of scandals involving significant data breaches and cyber hacking involving

Death and Taxes: The Buck Does Not Stop Here

Margaret O'Sullivan November 15, 2018

Everyone knows that death and taxes are two of life’s certainties, but some of us may not appreciate that our tax liabilities don’t disappear on death and that our legal representatives become responsible for sorting out our unfinished tax business. Some tax liabilities are expected to arise on or after

Safekeeping of Estate Planning Documents: Digitally Challenged?

Margaret O'Sullivan October 31, 2018

As estate practitioners, we continually remind our clients to update their estate planning documents and ensure they reflect their current intentions. A further key consideration is how estate planning documents should be properly recorded, stored and safeguarded. In order to embrace the digital era, the legal community has made significant

Embracing Change – A Postscript

Margaret O'Sullivan October 3, 2018

The STEP (Society of Trust and Estate Practitioners) Global Congress held in Vancouver in September, 2018, attracted delegates from over 37 countries and six continents. It was a truly global think tank in which we explored, probed, deconstructed and debated some of the most important changes that are, or will

Powers of Attorney: Jurisdictional Challenges

Margaret O'Sullivan September 19, 2018

A power of attorney (“POA”) is a legal document in which one person, sometimes termed the “grantor”, appoints another person – the attorney – to make decisions and act on the grantor’s behalf. In Canada, POAs are governed by provincial and territorial laws. Two types of POAs are used in

The Cautionary Tale of Mutual Wills

Margaret O'Sullivan September 5, 2018

Estate planning deals with often complex family situations, including the needs of blended families with complicated personal relationships. The goal of estate planning is to ensure your intentions for your loved ones are carried out. There are several ways to address blended family and second marriage situations so that the

Embracing Change

Margaret O'Sullivan July 31, 2018

We all sense the increasing speed of change that permeates all aspects of our everyday lives. Whether it’s technology, political or economic events, or even the weather with climate change, the constant is change itself. And with constant change comes the need to adapt to it, or even better –

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