Family Conflict

Total 254 Posts

Family Meetings and Power of Attorney for Personal Care

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I had the pleasure of recently attending the B’nai Brith Canada Estates and Trusts Group annual seminar, titled Power of Attorney Disputes. It was a wonderful opportunity to watch some of Ontario’s finest estate lawyers play different roles (feuding siblings and mediator) as well as hear their professional perspective on various aspects of Power of Attorney disputes regarding questionable capacity, accounting issues, estate trustees and sexual consent. While the focus….

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Elder Care, Elder Law, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Promises, Promises…or is that Expectations, Expectations?

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This Blog was written by: Gosha Sekhon, LLB A not uncommon occurrence these days finds single adult children residing with an elderly, surviving parent. The parent, more often than not, requires some assistance with their health care, household tasks and the management of their financial affairs. Usually the co-habiting child is single, divorced, widowed and also finds himself or herself in a position where they are the only sibling willing….

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Contracts, Estate Litigation, Family Conflict, Joint Tenancy, Powers Of Attorney and Guardianship Disputes, Uncategorized

Holidays and Family Traditions

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This past week we celebrated Passover and Easter.  Major holidays recognized with a statutory holiday attached, at least for the latter.  I wonder however about the observance of these holidays and whether this has waned over the years. For me and perhaps for many of you, these holy days have a traditional familial connection rather than a religious one.  The foods eaten, or  perhaps the foods not eaten, while symbolic….

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Family Conflict

Estate Lawyers: Did our Invitation Get Lost in the Mail?!

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Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin LLP. When clients plan engagement parties, weddings, baby showers or divorce parties (yes, divorce parties are becoming increasingly common) they may not think to invite their estate lawyer. Understandable. However, the unfortunate result may be that such life events impact estate planning in an undesirable way or even revoke estate plans completely. We recently encountered such a situation….

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Estate Planning, Family Conflict, Wills

POA for Property: A Marriage Sometimes Not Made in Heaven!

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In my ALLABOUTESTATES blogs, I have been writing about unanticipated consequences of appointing a power of attorney (POA) for property as per the Ontario Substitute Decisions Act[i] (SDA). Despite the apparent benefits for seniors to have a POA for property, nonetheless unanticipated problems include; Mistaken assumptions by both grantors and appointed attorneys that a signed POA for property that is effective immediately is supposedly “only a backup plan” for declared….

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Capacity Law, Elder Law, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity

Will Challenges and the Well – Acquainted Lawyer

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Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin. A recent case of the Court of Appeal for Saskatchewan has emphasized the significance of first, the relationship between a testator and his or her lawyer and second, the experience and tenure of such lawyer in assessing testamentary capacity and by extension, in determining the validity of a will. Bachman v. Scheidt, 2016 SKCA 150 Bachman v. Scheidt….

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Contested wills, Credibility, Estate Planning, Family Conflict, Testamentary Capacity, Undue influence, Wills
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