Family Conflict

Total 254 Posts

Shingeki no Kyojin: An Anime Unexpectedly About Family, Legacy and Succession

• • 0 Comments

Last week, my colleague Yvonne Mazurak wrote a blog post about a recently-released television show, And Just Like That, discussing the estate planning issues highlighted by the events of the show. So, I thought I would provide a bit of a television recommendation show of my own…although my taste is a bit different. For this post, I’d like to highlight Shingeki no Kyojin (in English: Attack on Titan), one of….

Shingeki no Kyojin: An Anime Unexpectedly About Family, Legacy and Succession Continue Reading »

Estate Planning, Family Conflict, Healthcare, In the News, Interest, Wills

Disclosure of a Party’s Medical Records

• • 0 Comments

In will challenges, it is common to seek the disclosure of the testator’s medical records for the period around the time the will was signed. The medical records are directly relevant to the question of whether or not she had the requisite capacity to sign the will. While the testator has a right to privacy that continues after death, the harm caused by disclosure of the records after death is….

Disclosure of a Party’s Medical Records Continue Reading »

Contested wills, Costs, Credibility, Estate Litigation, Family Conflict, Healthcare, Limitation periods, Wills

Potential Cost of Witnessing a Will

• • 0 Comments

Across Canada, the provinces have built safeguards against undue influence into their law regulating wills: if the witness or the witness’ spouse receives a gift of property under the will, that gift is void. Unfortunately, this rule has the potential to disinherit innocent beneficiaries who unwittingly agree to act as witnesses to the will. This was the situation before the Supreme Court of British Columbia in Wolk v Wolk, 2021 BCSC 1881…..

Potential Cost of Witnessing a Will Continue Reading »

Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Family Conflict, Wills

Feuding Families

• • 0 Comments

Why can’t we just get along? While the focus of many disputes has to do with money ( and likely the majority that proceed to trial) , my interest is with the disputes that occur on the care side. What I have seen in my many years working with caregiving families is miscommunication or  lack of communication. The adult children’s hurt feelings of bygone years and perception seems to further….

Feuding Families Continue Reading »

Elder Care, Family Conflict

No Costs For You!

• • 0 Comments

The recent case of Donovan v. MacKenzie, 2021 ONSC 1865 (CanLII) demonstrates the wide and sometimes unpredictable nature of a judge’s discretion when it comes to costs. In this guardianship dispute, the applicant sister (“Jacqueline”) and the respondent brother (“Kieran”) were embroiled in litigation relating to their father, John Kenneth MacKenzie (“John”). Litigation was commenced in October 2017 by Jacqueline pursuant to the Substitute Decisions Act to be appointed as….

No Costs For You! Continue Reading »

Capacity Law, Costs, Courts, Elder Care, Elder Law, Estate Litigation, Family Conflict, Guardianship, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes
Scroll to Top