Total 411 Posts
In a blog that I wrote last December, I commented on a U.S. constitutional challenge that had been launched in response to the U.S. estate tax burden borne by the survivor of a same-sex marriage…..
Update on U.S. Estate Tax Challenge Continue Reading »
Estate Litigation, Estate PlanningAre your actions as attorney for property relevant and therefore discoverable in a will challenge case?….
Discovery of an attorney for property’s action in a will contest case Continue Reading »
Estate Litigation, Executors, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee, Trustee Disputes, WillsWhen opposing a dependant support claim on the grounds that you are upholding the intentions of a testator, as this recent B.C. case indicates, think carefully about the possible cost consequences of so doing before proceeding to trial…..
The Costs of Upholding A Testator’s Intention Continue Reading »
Contested wills, Estate Litigation, Executors, Family Conflict, WillsThe breakdown of a marriage or common law relationship can raise a host of complex legal issues both for the living and the dead. One issue that seems to crop up again and again is life insurance proceeds and who should benefit. ….
The Beautiful And Damned (with apologies to F. Scott Fitzgerald) Continue Reading »
Estate Litigation, Estate Planning, InsuranceA person who is over the age of 18 is presumed to be capable of entering into a contract, and the rest of the world is entitled to rely upon this presumption unless they have reasonable grounds to believe otherwise. However, the court in England was recently asked the question of whether a solicitor dealing with an elderly person had “no reasonable grounds to suspect incapacity”; to prove the negative and to set a standard with respect to the issue of contemporaneous notes.
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Presumption of Capacity and Duty of a Solicitor Continue Reading »
Capacity Law, Elder Care, Elder Law, Estate Litigation, Family Conflict