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Right Differences in Common Law vs Marriage in Canada

Cheerful mature couple embracing by the beach

It’s a common misconception that the same rules that apply to married spouses also apply to common-law partners. However, in Quebec, the legal reality surrounding the rights of unmarried couples differs significantly from that of married or civil union couples. Among the major distinctions between common-law and married spouses, aspects such as family patrimony, alimony… Continue reading Right Differences in Common Law vs Marriage in Canada

Family Assets Exclusions and Inclusions

Park, piggyback and portrait of parents with children enjoying quality time in nature, holiday and weekend. Family, love and happy kids, mom and dad smile for bonding, relax and adventure outdoors.

First of all, the family patrimony, as provided by article 414 of the Civil Code of Québec (hereinafter C.C.Q.),[1] is constituted as soon as the marriage or civil union is celebrated, without any particular intervention on the part of the spouses. It should therefore be noted that the provisions of the C.C.Q. relating to family… Continue reading Family Assets Exclusions and Inclusions

Is alimony tax-deductible in Canada?

Mother hugging her daughter on the sofa

Some people believe that alimony is tax-deductible for the payer and that, conversely, the recipient must declare it as income. This statement is partially true, as alimony payable to a former spouse is tax deductible. On the other hand, alimony paid for the benefit of minor or adult children has been fully tax-exempt since 1997.[1]… Continue reading Is alimony tax-deductible in Canada?

Incapacity to Consent to a Will

The capacity of the deceased and the captation of the deceased are recourses frequently brought before the courts when an interested person wishes to contest a will. In a recent decision, the Quebec Superior Court reiterated the criteria applicable to actions involving the testamentary capacity of the deceased, as well as those applicable to capture.… Continue reading Incapacity to Consent to a Will

What to do with a will after death?

Capture of the deceased is frequently raised in court when an interested party wishes to contest a will. In a recent decision, the Quebec Superior Court reiterated the criteria applicable to actions involving claims for the capture of the deceased. CAPTATION Legal basis for the capture Capture is the equivalent of fraud and deceit in… Continue reading What to do with a will after death?