Glossary
In Family Law, Substitute decision‑making, Income Assistance, Child tax benefits, Canada Pension Plan (CPP), Eligibility, Wills and Powers of Attorney
Decision-making responsibility is the right to make important decisions about how to care for and raise a child. It includes the right to make decisions about the child’s health, education, religion, and important extra-curricular activities. Decision-making responsibility used to be called custody.
The parents can agree to or the court can give:
- one parent all decision-making responsibility,
- 2 or more parents decision-making responsibility, or
- different parents separate responsibilities, for example, one parent makes decisions about the child’s health and another parent makes decisions about the child’s religion.
In Wills and Powers of Attorney
In estates law, a dependant is a person who:
- you were supporting financially before you died, or
- the law says must support.
A dependant can only be your:
- married or common-law partner
- married partner you’re separated from
- divorced partner
- child, stepchild, grandchild, or a person you treat as your child
- parent or grandparent
- brother, sister, or any sibling
In Wills and Powers of Attorney
For some types of property, such as a life insurance policy, registered retirement savings plan, or tax-free savings account, you can say who will get it when you die, without writing it in your will. This person is often called a designated beneficiary.
When you die, the money goes directly to them. It does not become part of your estate and your estate does not pay tax on it.
In Family Law, Wills and Powers of Attorney
A divorce is a court order that legally ends a marriage.
In Family Law, Wills and Powers of Attorney
An equalization payment is money one married partner can sometimes get from the other partner after they separate or the other partner dies. Its purpose is to share the amount that the couple’s property increased in value while they were married.
Common-law partners usually do not have a right to an equalization payment.
In Income Assistance, Canada Pension Plan (CPP), Eligibility, Wills and Powers of Attorney
Your estate is the property you own when you die. This includes real property, which is property like land and buildings. It also includes personal property, such as jewellery, furniture, and bank accounts.
Some property does not become part of your estate because it changes owners as soon as you die. Examples are a home you owned in joint tenancy with another person, or an investment that has a designated beneficiary.
In Wills
When you make an estate plan you make legal documents like:
These documents make sure someone has the power to make decisions about your property or personal care if you are no longer mentally capable.
You also make a will as part of your estate plan so that:
- your property goes to the people or organizations you want it to go to after you die
- your minor children are cared for after you die
And there are things you can do to reduce the amount of tax your estate pays when you die.
In Wills and Powers of Attorney
An estate trustee is someone who:
- distributes your property after you die
- handles your personal affairs after you die by arranging your funeral, paying your debts, and filing your final income tax return.
An estate trustee is sometimes called an executor or personal representative.
If you do not name a person to be your estate trustee in your will, someone may have to apply to the court to become one after you die.
In Wills and Powers of Attorney
A Guardian of Property is someone who a court or the Office of the Public Guardian and Trustee appoints to manage your money and property. This might happen if you’re not mentally capable of doing this. Or, if the attorney you named in your Power of Attorney for Property is not looking after your money and property properly.
In Wills and Powers of Attorney
A Guardian of the Person is someone a court appoints to make personal decisions for you if you’re not mentally capable of making them. Their role is to make the decisions you would make for yourself. If the Guardian does not know what you would want, they must make decisions based on what they believe is best for you.