Family Conflict

Total 257 Posts

Suggested Instructions for Attorneys for Personal Care: Limitations of Authority

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It is just as important to know the limitations of a power of attorney for personal care as it is to know your responsibilities…..

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Capacity Law, Elder Care, Elder Law, Elder Management, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes

When Families Collide with Constructive Trusts

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Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights is often put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. History of the Property Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”)….

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Contracts, Estate Litigation, Estate Planning, Executors, Family Conflict, Limitation periods, Property, Resulting Trust

The SDA and Parens Patriae Jurisdiction

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Power of attorney and guardianship disputes are fairly common in the estate litigation world. Oftentimes, siblings proceed to court as a result of allegations of financial abuse or a failure to look after the health and care of an incapable parent, in accordance with what is required of an attorney for property and/or personal care. Families therefore fight over who should be appointed by the court as the incapable person’s….

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Capacity Law, Elder Care, Elder Management, Estate Litigation, Family Conflict, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

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
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