Estate Litigation

Total 415 Posts

Gifting and Incapacity – A Cautionary Tale

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Parents 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. ….

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Estate Litigation, Estate Planning, Joint Tenancy, Succession Planning, Testamentary Capacity

Privacy Rights, Public Access and Sealing Orders

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Litigants in estates proceedings are sometimes concerned that sensitive and private information – though relevant to the court proceedings – will be made publicly available once filed with the court. Litigants may wonder whether that information can be kept “under wraps”. Indeed, our courts retain the ability to prevent information and documentation from being available to the public; the provisions restricting public access to hearings and documents are found in sections….

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Estate Litigation

Insurance Policies, Separation Agreements, and Death

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The process of separating from one’s spouse is never easy. Beyond the emotional toll, assets must be divided and it may be necessary to make plans for ongoing spousal and child support. Even after a settlement has been reached, death can derail the best laid plans. Such was the case in Dagg v Cameron (Estate), 2015 ONSC 6134. Stephen Cameron died in 2013 of cancer. He was residing with Evangeline….

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Dependant Support, Estate Litigation

Can Alzheimer’s Patients Consent to Care Without Speaking?

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The British Columbia Court of Appeal released its decision in Bentley v. Maplewood Seniors Care Society earlier this year. The closely watched case involved a late-stage Alzheimer’s patient who was supposedly consenting to being fed by opening her mouth when a spoon or glass was placed on her lower lip. The case raises difficult questions about the extent to which people with advanced Alzheimer’s can consent to decisions about food at the end….

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Capacity Law, Elder Care, Elder Law, Estate Litigation, Geriatric Care Management, In the News
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