Family Conflict

Total 257 Posts

Estate Trustee Compensation – Discretionary Factors

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Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount…..

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Attorney Compensation, Compensation, Estate Administration, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trustee Disputes

Update on MAiD: Mental Disorder as a Sole Underlying Medical Condition

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In Canada, the law no longer restricts medical assistance in dying (MAiD) to people whose death is reasonably foreseeable: as of March 17, 2023, people with a mental disorder as a sole underlying medical condition (MD-SUMC) will be eligible for MAiD…..

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Capacity Law, Disability, Elder Care, Elder Law, Family Conflict, Geriatric Care Management, Healthcare, In the News, Medical Assistance in Dying, Powers Of Attorney and Guardianship Disputes, Succession Planning

How much security is enough?

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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….

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

What if… the Kardashian Deathbed Marriage Took Place under Ontario Law?

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A Thought Experiment Recently, I had the opportunity to co-author a paper on deathbed retainers with Justin de Vries. In drafting this paper, I had the occasion to think about deathbed wills from every conceivable angle. The idea for this blog started as footnote 81: a hypothetical thought experiment on the legal interaction between a deathbed marriage and a deathbed will. Case law on deathbed retainers and wills stand at….

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Estate Planning, Family Conflict, Interest, Uncategorized

Capacity to Consent to MAiD: A Suggestion For Amendment

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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…..

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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
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