Total 257 Posts
While the courts will defer to the wishes of the incapable person regarding their attorney/guardian of personal care, they will also look at the past actions of the applicants…..
Guardian of Personal Care: Step Up or Step Out Continue Reading »
Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes
Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the ground that the pleading is scandalous, frivolous or vexatious. In Dessisa and Wolde v Demisie the Applicants, Dessisa and Wolde,….
Frivolous Notices of Objection Can be Struck Out Continue Reading »
Contested wills, Costs, Courts, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Separation, Testamentary Capacity, Undue influence, Wills
Accommodating Beneficiaries With Differing Gender Identities Our society is becoming increasingly attuned to accommodating the needs of people who have various gender identities, whether such people are transgender, queer, or do not identify as one specific gender. For example, Ontario announced a few years ago that its residents can use an “X” under the “Sex” indicator on provincial government identification to signify that they identify as transgender, non-binary, and/or two-spirited,….
Accommodating Beneficiaries of a Will With Differing Gender Identities Continue Reading »
Contested wills, Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Wills
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…..
Master the ETDL Appointment Continue Reading »
Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Wills
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….
Elder Financial Abuse During COVID-19 Continue Reading »
Elder Law, Estate Planning, Family Conflict, In the News, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Property, Trustee
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….
Leaving a Lasting Impression and Making a Difference Continue Reading »
Estate Administration, Estate Donations, Estate Planning, Family Conflict