Family Conflict

Total 262 Posts

My Best Interests, and Yours Too?

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The recent case of Tarantino v. Galvano, 2017 ONSC 3535, raises a variety of issues familiar to estate litigators – powers of attorney, capacity, quantum meruit claims, the duty to account and the rules surrounding the removal of an estate’s executor. In this case the deceased, Rosa Filippo Galvano (“Rosa”) had two daughters, Nellie Galvano (“Nellie”) and Giuseppina Bucci (“Giuseppina”), who died in 2007. Giuseppina had two daughters, Rosa Pignatelli and….

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Attorney Compensation, Capacity Law, Caregiving, Compensation, Contracts, Elder Care, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Wills

The New Surrogacy Rules in the Children’s Law Reform Act

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The new parentage rules in the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016, S.O. 2016, c. 23 (“Act”), include rules for determining parentage where surrogacy is used. The surrogacy rules became effective on January 1, 2017 and are largely set out in sections 10 and 11 of the Children’s Law Reform Act (“CLRA”) as amended by the Act. For purposes of the rules, a….

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Family Conflict

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
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