Gillian Fournie

Total 72 Posts

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Gillian is a lawyer with de VRIES LITIGATION LLP. Her practice focuses on the area of trusts and estates litigation. More of Gillian's blogs can be found at https://devrieslitigation.com/author/gfournie/

Disclosure of a Party’s Medical Records

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In will challenges, it is common to seek the disclosure of the testator’s medical records for the period around the time the will was signed. The medical records are directly relevant to the question of whether or not she had the requisite capacity to sign the will. While the testator has a right to privacy that continues after death, the harm caused by disclosure of the records after death is….

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Contested wills, Costs, Credibility, Estate Litigation, Family Conflict, Healthcare, Limitation periods, Wills

Potential Cost of Witnessing a Will

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Across Canada, the provinces have built safeguards against undue influence into their law regulating wills: if the witness or the witness’ spouse receives a gift of property under the will, that gift is void. Unfortunately, this rule has the potential to disinherit innocent beneficiaries who unwittingly agree to act as witnesses to the will. This was the situation before the Supreme Court of British Columbia in Wolk v Wolk, 2021 BCSC 1881…..

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Family Conflict, Wills

To Fight at Any Cost

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Lawsuits often put litigants on an emotional rollercoaster. As the lawsuit progresses and legal bills pile up, some clients start caring less about strategy and more about causing maximum pain to the other side. However, abandoning reason and moderation has a cost – usually in the form of a cost award. Such was the result in Del Giudice v Thompson, 2021 ONSC 5187. While the underlying action in Del Giudice….

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Costs, Estate Litigation

MAID Update – Bill C-7

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The senate has passed Bill C-7, which introduces changes to Canada’s Criminal Code provisions regulating MAID. The changes will create a new, two-track system for applying for MAID…..

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Capacity Law, Caregiving, Courts, Disability, Elder Care, Elder Law, Estate Litigation, Family Conflict, Fiduciary Professions, Geriatric Care Management, Healthcare, Medical Assistance in Dying

Valuing Estate Assets – A Hierarchy of Evidence

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Acting as an estate trustee can be a difficult job. It is often made more difficult when you have to work with a sibling. While the types of disputes co-estate trustees can have with one another are seemingly infinite, one common fight is over valuing an estate asset. Valuing estate assets properly is important – it may impact estate tax, the deceased’s personal taxes, and the sale price of the….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Probate Tax, Property, Real Estate, Tax Issues, Trustee, Trustee Disputes
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