June 4, 2024

Enforcing Support Obligations in Separation Agreements and Court Orders Against an Estate

June 4, 2024 at 12:00PM (ET) on ZOOM

Enforcing Support Obligations in Separation Agreements and Court Orders Against an Estate

June 4, 2024
at 12:00PM (ET) on ZOOM
This program is eligible for CPD hours required of Lawyers.
This program is eligible for CPD hours required of Lawyers.
Enforcing Support Obligations in Separation Agreements and Court Orders Against an Estate

Overview

Enforcing orders for support against an Estate are often fraught with deep emotional history and trauma between the lawyer’s client and the deceased. Further, the living spouse may believe that they have a claim against the Estate above and beyond enforcing support obligations. The lawyer representing the living spouse should prepare a retainer agreement and provide a coherent written memorandum to the client to specify the specific claims they have been retained to prosecute against the Estate, and the theory underpinning those claims. To the extent that the client later decides to bring additional claims against the Estate, the lawyer will need to consider revising the retainer agreement accordingly.

Topics include:

  • The differing regimes under the Divorce Act and the Family Law Act;
  • FRO and death of the payor;
  • Understanding the binding nature of a support order on the Estate under the Family Law Act;
  • Enforcement of final and temporary orders, and separation agreements.

Presenters

Partner, Torkin|Manes

Craig-Vander Zee

Estate Lawyer

Associate, Torkin|Manes

meaghanoconnor

Family Lawyer

Sponsors

b'nai brith canada
Wagner Sidlofsky LLP
BMO Private Wealth
torken
Weir Foulds LLP
enforcing support obligations
Craig-Vander Zee

Craig Vander Zee

Partner, Torkin|Manes*

Craig is certified as a Specialist in Estates and Trusts Law. His practice includes all aspects of estate, trust, capacity, fiduciary and power of attorney disputes and litigation for clients consisting of individuals, trust companies, government agencies and other organizations.

* Legal services provided through Craig Vander Zee Professional Corporation

Meaghan O'Connor

Associate, Torkin|Manes LLP

An associate in the firm’s Family Law Group, Meaghan advises clients on a wide range of matters, including parenting issues, child and spousal support, contracts and agreements, property and all other financial matters resulting from the breakdown of a relationship.

Prior to joining Torkin Manes, Meaghan was an associate at a prominent family law firm in downtown Toronto, and has extensive experience working specifically in child protection. Her diverse background provides a unique approach to family law matters with an emphasis on efficient and effective conflict resolution.