Anna Alizadeh

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Anna was called to the Ontario Bar in June 2016. Prior to joining de VRIES LITIGATION LLP, she articled at a full service firm where she developed a strong background in litigation and alternative dispute resolution. Anna also worked on estate litigation files and estate planning matters, and co-authored a chapter on Physician Assisted Dying for Key Developments in Estates and Trusts Law in Ontario, 2015-2016 edition. She obtained her Honours Bachelor of Science in Psychology, with a minor in Biology, from York University, and her Juris Doctor from the University of Ottawa. While in law school, Anna participated in an exchange program in Paris, France, where she obtained her Certificate in French and European Union Law. Anna practices in the areas of estates, trusts and capacity litigation. She is fluent in Farsi and has a professional working proficiency in French. Email: AAlizadeh@devrieslitigation.com

What Will your Will Say? Part II

In a previous post, I shared with you a number of interesting (often odd) requests and bequests in a last will and testament.  Today, I share part two of some of the most interesting last wills and testaments in the last few centuries: Can we communicate with the dead? Harry Houdini is known for his magic tricks and illusions.  He died on October 31, 1926, at the young age of….

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Sorry, you’re not invited

A party has a right to be present at all parts of the litigation process, including at examinations for discovery.  However, the court has discretion to exclude co-parties from attending at each other’s examination for discovery where there is a risk of evidence tailoring.  In the recent case of Boodhoo v Persaud, Justice Myers excluded all of the parties from each other’s examinations for discovery. The deceased passed away in….

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What Will Your Will Say?

A last will and testament can often provide insight into a person’s final fortunes, thoughts, and wishes, right down to who should receive his or her hair strands.  For today’s blog, I decided to research fascinating (and sometimes questionable) provisions in last wills and testaments.  I share with you some of the most intriguing requests and bequests in the last two hundred years: Happy birthday, Mr. President Marilyn Monroe left….

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Advance Directives and Medical Assistance in Dying

An advance directive is a document setting out an individual’s wishes for future medical treatment, most often for treatment in the event of incapacity or unconsciousness.  For example, individuals can outline their wishes with respect to withdrawing, withholding, or providing lifesaving treatment (such as feeding tubes or “Do Not Resuscitate” orders).  One limit to what an individual can ask for in an advance directive is medical assistance in dying (MAID)…..

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Dementia does not Preclude Testamentary Capacity

Unhappy beneficiaries often challenge the validity of a loved one’s will on the grounds that the testator lacked the capacity to execute a will. Applicants use evidence of the testator’s dementia or Alzheimer’s disease (and other mental disorders) to establish that the testator lacked capacity to execute a will. However, it is important to keep in mind that capacity is time specific. A diagnosis of dementia or Alzheimer’s disease, for….

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Capacity Law, Elder Law, Estate Litigation, Estate Planning, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Succession Planning, Testamentary Capacity, Wills

Replacing an Estate Trustee

With minimal restrictions, a testator can appoint whomever they wish as their estate trustee.  However, as our avid readers may know, a testator does not always make the best choice.  In such cases, section 5 of Ontario’s Trustee Act gives the court the power to appoint a new estate trustee (or estate trustees), either in substitution for or in addition to the existing estate trustee(s). Justice Myers’ decision in Laski….

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