A Goodbye without Good Planning

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Never again, your voice will we hear, When we pick up the phone, and your number we dial. Never again, will we kiss your soft cheek, Listen to your chuckle, or share a knowing smile. Your grandkids won’t feel your warm loving hugs, Or run through your beautiful garden full of flowers and bugs. You enjoyed a….

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Estate Administration, Estate Planning, Wills

The Famous Tractor Case

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This Blog was written by: Taylor Sergeant When I read about this famous case out of Saskatchewan it immediately spoke to me: my father is a farmer, and anytime I hear anything about tractors or farming, my ears perk up, and I am always immediately interested. The facts: June 8, 1948, Cecil George Harris, a farmer in Rosetown, Saskatchewan, went to work, and tragedy hit in the field. When he….

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Disclosure of Medical Records: Privacy Matters

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In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of signing the wills. In order to gather the necessary evidence to support their claim, the siblings brought a motion to….

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Contested wills, Estate Litigation, Estate Planning, Executors, Family Conflict, Testamentary Capacity, Undue influence, Wills

Navigating Elder Management: Common Sibling and Stepsibling Disputes

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Old family photos are pegged to a string with a white sheet background.

Navigating the elder management landscape can be overwhelming and complicated – especially when siblings and stepsiblings do not get along. While elderly family members may have an estate plan in place, the execution of the plan can be challenging, especially when it comes to care. Eventually, elderly family members may need assistance with such things as managing their finances, managing their care, or managing a change in living accommodation to….

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Elder Care, Elder Management, Family Conflict

Failure to plan can leave minor children in “Another World”: Considerations for the Anne Heche estate

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Today’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left her in critical condition. Heche died, leaving behind her two sons, 20 year old Homer Laffoon, 13 year old Atlas….

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Contested wills, Courts, Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Guardianship, Wills

Questioning the Actions of Trustees

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This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management    What happens if a beneficiary believes that a trustee is acting improperly, or refuses to distribute funds? United States Senator Dianne Feinstein is suing the trustees of a fund set up by her late husband, accusing them of committing “financial elder abuse.” Sen. Feinstein’s late husband reportedly established a marital trust to provide for her…..

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