Estate Litigation

Total 414 Posts

The Other COVID “Longhaul”? Estate Planning Sequelae of Irregular Document Execution

• • 1 Comment

This Blog was written by: Kristie Smith, Estate and Trust Consultant, Scotia Wealth Management  As we emerge from the Covid restriction era and a new normal comes into focus in our day-to-day lives, new symptoms and side effects of Covid are coming into view. In the estate planning realm, in particular, the effects of irregularly signed documents are upon us. As the initial lockdowns of March 2020 took over, practitioners….

The Other COVID “Longhaul”? Estate Planning Sequelae of Irregular Document Execution Continue Reading »

Estate Litigation, Estate Planning, Wills

How much security is enough?

• • 0 Comments

With real estate prices soaring, it’s no surprise that property is often at the heart of estate litigation. Certificates of pending litigation (CPLs) are a common tool used to ensure that a disputed property is not sold before the litigation is resolved. If the parties agree to remove a CPL so that the property may be sold, the agreement is generally contingent on holding the sale proceeds in trust pending….

How much security is enough? Continue Reading »

Estate Litigation, Family Conflict, Joint Tenancy, Property, Real Estate, Trusts

Testamentary Capacity and Expert Reports

• • 0 Comments

As many well know, issues relating to testamentary capacity are often at the forefront of estate litigation cases and in particular, will challenges. Drafting solicitors may opt to obtain a contemporaneous capacity assessment before their clients execute a last will and testament; this may be the case where the testator is older or has cognitive limitations, and/or when there are known family conflicts and an anticipated will challenge. In addition,….

Testamentary Capacity and Expert Reports Continue Reading »

Capacity Law, Courts, Estate Litigation, Undue influence, Wills

A CAREER IN WILLS AND ESTATES – COULD IT BE FOR YOU?

• • 12 Comments

This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP As our fellow blog writer, Audrey Miller wrote earlier this week (here), new Census data indicates that the number of seniors over age 85 is expected to triple in the next 25 years. Could this be an opportunity? This week we welcomed summer law school students and co-op law clerk students into our firm. As I chat….

A CAREER IN WILLS AND ESTATES – COULD IT BE FOR YOU? Continue Reading »

Elder Care, Estate Administration, Estate Litigation, Estate Planning, Executors, Uncategorized, Wills

Probate Forms are Changing…Again

• • 0 Comments

Today’s blog was written by Yvonne Mazurak, Associate, at Fasken LLP As my colleagues, Sandra Arsenault and Betty Laidlaw, have both described in posts earlier this year, Ontario Regulation 709/21 introduced significant changes to the probate procedure. Among the changes, which came into effect on January 1, 2022, was the introduction of new consolidated forms. Recently announced updates, set to go into effect on July 1, 2022, will impact the….

Probate Forms are Changing…Again Continue Reading »

Estate Administration and Probate Applications, Estate Litigation, Estate Planning

Capacity to Consent to MAiD: A Suggestion For Amendment

• • 0 Comments

I have found it uncommon for a family member or beneficiary to exert undue influence to pressure a patient to pursue MAiD. What worries me is the vulnerability of patients to undue influence from physicians who may embrace therapeutic nihilism and bias patients unduly towards MAiD. I suggest that, for capacity to consent to MAiD, the test of “ability to appreciate” should be expanded to require an appreciation of the views and wishes of supportive family members and friends…..

Capacity to Consent to MAiD: A Suggestion For Amendment Continue Reading »

Capacity Law, Disability, Elder Care, Elder Law, Estate Planning, Family Conflict, Healthcare, In the News, Medical Assistance in Dying, Power of Attorney, Spouse, Succession Planning, Testamentary Capacity, Undue influence
Scroll to Top