Family Conflict

Total 254 Posts

Personal Effects – to Bequest or not to Bequest

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. As I’m sure many of us know, it can be very easy to accumulate “things” over the years, and sometimes we really only discover how much we actually have during a move, or when cleaning out the contents of a loved one’s home after their passing.  Being an ‘acquiror’ of things – memorabilia for a favourite sports team,….

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Estate Planning, Executors, Family Conflict, Wills

Lack of Financial Disclosure Comes at a Significant Financial Cost

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Today’s Blog Post was written by Gabrielle Arbic-Lloyd, Student-at-Law at Fasken LLP In February, the Ontario Court of Appeal ordered one spouse to pay the other more than one million dollars in costs in addition to spousal and child support. So what motivated the Court to order this spouse to pay so much in costs? The answer lies in lack of financial disclosure and bad behaviour. Financial disclosure is one….

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Costs, Courts, Credibility, Family Conflict, Separation, Spouse

The Continuing Importance of the Presumption of Due Execution

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Where the evidence establishes that the testator executed the will in accordance with the requisite formalities (e.g., signed in the presence of two witnesses), a rebuttable presumption arises that the testator knew and approved the contents of the will…..

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Wills

The Life and Legacy of Gina Lollobrigida – An Estates Perspective

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Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Italian cinema legend Gina Lollobrigida passed away at the age of 95 in January 2023.  Known by fans as ‘La Lollo’, she starred in over 60 films which included the likes of Frank Sinatra and Sean Connery. Gina’s legacy includes a past fraught with disputes considered to be some of the most common and ‘classic’ wills and….

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Capacity Law, Contested wills, Elder Care, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, International, Testamentary Capacity, Undue influence, Wills

Gefen Estate v. Gefen

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The Ontario Court of Appeal (“ONCA”) decision in Gefen Estate v. Gefen is an interesting read which provides insight into a variety of topics including mutual wills and mutual will agreements, secret trusts, the doctrine of unconscionable procurement, and more! By way of background, Elias and Henia Gefen were married for 65 years. They were Holocaust survivors who came to Canada in 1951. They had three sons: Harvey, Harry, and….

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Appeals, Capacity Law, Estate Administration, Estate Litigation, Family Conflict, Joint Tenancy, Power of Attorney, Real Estate, Testamentary Capacity, Uncategorized, Undue influence, Wills

What Happens When One Joint Owner is in Debt?

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While the right of survivorship is often thought of as the defining characteristic of joint tenancy, joint tenancy is also defined by “four unities.” Justice Perell succinctly defined the “four unities” in Royal & SunAlliance Insurance Company v Muir, 2011 ONSC 2273: A joint tenancy is distinguished by what are known as four unities: (1) unity of title, the co-owners take under the same instrument; (2) unity of interest, the….

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Appeals, Family Conflict, Joint Tenancy, Property, Real Estate, Spouse
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