Family feuds are routinely unpleasant and usually ugly. Unfortunately, estate disputes prove the rule. Passions and emotions are inflamed and sound judgment is often in short supply. However, warring litigants who look to the court for absolution or vindication are often sorely disappointed…..
A court application to pass accounts can be a costly and time consuming procedure. As such, courts may be reluctant to order one without a compelling reason. ….
When Will the Court Order an Estate Trustee to Pass his/her Accounts? Continue Reading »
Passing Of Trustees’ and Executors’ AccountsElizabeth Ann McLaughlin died at the ripe old age of 98. She was predeceased by her husband. Together they had six children, including Daniel. Daniel, as estate trustee, sought to rectify what he characterized as a solicitor’s mistake in his mother’s secondary will. For many years prior to her death, Mrs. McLaughlin had no relationship with her son, Thomas, or her daughter, Judith. She had previously instructed her long time….
Correcting a Mistake in a Will – What did the Testator Intend Continue Reading »
Estate Planning, Home-Right, Practice ManagementIn light of the recent decision of the Supreme Court of Canada granting the Federal Government an additional 4 months to draft and pass physician assisted death legislation, the Ontario Superior Court of Justice has released practice directions for the legal profession and the public where a court order is sought allowing a patient to take his/her own life with the help of a doctor. This blog discusses those guidelines. ….
Court Guidelines for Physician Assisted Death Continue Reading »
Capacity Law, Geriatric Care Management, In the NewsJustin de Vries shares his Yuletide musings on family conflict and the inevitability of litigation…..
Family Holiday and Family Strife – Kissing Cousins? Continue Reading »
In the News, SpouseParents are living longer and gifting money to their children before they die or by way of a last minute will. Distrust and disbelieve inevitably arise. The courts are called upon more and more to settle family disputes with all of the attendant rancor and costs. The case of Foley v. McIntyre helps sorts out some of the legal issues. ….
Gifting and Incapacity – A Cautionary Tale Continue Reading »
Estate Litigation, Estate Planning, Joint Tenancy, Succession Planning, Testamentary Capacity