Family Conflict – Page 20 – All About Estates

Master the ETDL Appointment

Gillian Fournie • April 15, 2020 • 0 Comments

Estate Trustees During Litigation are appointed in a wide variety of situations where a neutral party is needed to administer and preserve the estate assets. The bar for their appointment is lower than to remove an estate trustee…..

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Wills

Elder Financial Abuse During COVID-19

Rebecca Studin • April 1, 2020 • 0 Comments

A few weeks ago, I came across a media article about elder financial abuse involving the use of a power of attorney. In my view, this issue has even greater relevance today in light of the current COVID-19 lockdown, and the resulting physical isolation of our vulnerable seniors. The Story In 2016, 94-year-old Christina Fisher was living independently in an apartment in downtown Toronto. Christina was in the early stages….

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Elder Law, Estate Planning, Family Conflict, In the News, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Property, Trustee

Leaving a Lasting Impression and Making a Difference

Corina Weigl • March 13, 2020 • 1 Comment

Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. When a celebrity dies, outside of the cause of death, it seems the first thing that is reported is what their net worth was at the time of their death and what is being left to family. Recently, Marie Osmond made headlines when she announced that….

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Estate Administration, Estate Donations, Estate Planning, Family Conflict

Actions Have Consequences – They May Sever Joint Tenancy

Noah Haynes • March 11, 2020 • 0 Comments

Leaving aside other means of severance, including that which occurs on bankruptcy or by judicial sale, there are three main ways to sever a joint tenancy: Unilaterally acting on one’s own share, such as selling or encumbering it; A mutual agreement between the co-owners to sever the joint tenancy; and Any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Family Conflict, Joint Tenancy, Property, Real Estate, Spouse

No Passing of Accounts Unless “Significant Concern”

Rebecca Studin • February 26, 2020 • 1 Comment

Emerson and Marie Lewis appointed two of their six adult children, Donald and Douglas Lewis, as their attorneys for property. Their remaining four children (the “non-attorney siblings”) commenced an application pursuant to ss. 42(1) and (4) of the Substitute Decisions Act, 1992, S.O. 1992, c.30 (the “SDA”) for leave to require Donald and Douglas to pass their accounts as their parents’ attorneys for property. The application judge dismissed their application,….

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Attorney Compensation, Capacity Law, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Forensic Profile of Perpetrators of Financial Elder Abuse

Dr. Richard Shulman • February 25, 2020 • 0 Comments

Financial elder abuse is defined by the World Health Organisation as the illegal or improper exploitation or use of funds or resources of the older person.[i] The misuse of a senior’s funds and assets involves the use of the senior’s funds without that senior’s knowledge and/or full consent, or, in the case of a senior who is not mentally capable, when the use of funds is not in that senior’s….

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Capacity Law, Elder Care, Elder Law, Estate Litigation, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity