Family Conflict

Total 254 Posts

Videographers Beware

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Occasionally, those hoping to demonstrate the capacity of a testator will film a video of the testator purporting to show that they were cognitively intact or that the will was a reflection of their independent and capable wishes. Unfortunately, the naïve interviewer makes the mistake of confusing the preservation of social graces for intact cognition and considers passive acquiescence as evidence of independence of mind. Clinicians understand, or should understand, that one….

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Capacity Law, Contested wills, Estate Litigation, Family Conflict, Undue influence

Credibility is in the Eyes of the Judge

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I previously blogged about the presumption of resulting trust, which applies to gratuitous transfers between a parent and an adult child (equity presumes a bargain, and not a gift).   Rebutting the presumption of resulting trust (i.e. proving that the parent intended to make a gift to the adult child) often comes down to a matter of credibility – can the witness be believed? The British Columbia Court of Appeal has recently reminded….

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Credibility, Deference, Estate Litigation, Family Conflict, Resulting Trust

The OPGT and the Case of the Missing Estate Trustee

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As regular readers of this blog well know, not everyone dies with a will. When this happens, the Succession Law Reform Act (Part II) sets out who are the beneficiaries of the estate, while the Estates Act (section 29) ranks in order of priority who may apply to be estate trustee. This statutory system works well, until no one wishes to step into the role of estate trustee. When that….

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Estate Administration, Estate Administration and Probate Applications, Executors, Family Conflict

Please Pass The Gravy

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Nothing like a family dinner to remind us how complicated families can be. Any family members no longer speaking? If you live in a different city than your parents or haven’t spent time with them for a while, the time spent together during the holiday can allow you to see how well they are managing. Be aware of the small things and things that are different…..

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Disability, Elder Care, Family Conflict, Geriatric Care Management

Family feuds, horse-drawn carriages, vintage automobiles, and brotherly love gone stale

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Family feuds are routinely unpleasant and usually ugly. Unfortunately, estate disputes prove the rule. Passions and emotions are inflamed and sound judgment is often in short supply. However, warring litigants who look to the court for absolution or vindication are often sorely disappointed…..

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Estate Administration, Estate Litigation, Family Conflict, Passing Of Trustees’ and Executors’ Accounts
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