Family Conflict

Total 254 Posts

NEWLANDS: A NEW INTERPRETATION OF ESTATE FREEZES IN THE FAMILY COURTS?

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This blog has been written by Darren Lund, Partner at Fasken LLP In Lang-Newlands v. Newlands, 2024 ONSC 6285, the Ontario Superior Court of Justice revisited the treatment of a discretionary family trust in the context of the equalization of net family property under the Ontario Family Law Act. Barbara Lang-Newlands (“Barb”) and Ian Newlands (“Ian”) were married on August 21, 1987 and separated on July 31, 2019. There were….

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Estate Planning, Family Conflict, Separation, Succession Planning, Trusts

Love is in the Air – Or is it Separation?

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Couple forced to marriage by judge

This blog post was written by: Diana Leopardi, Estate and Trust Consultant, Scotiatrust Montreal Love is in the air…You may now kiss the bride; these are a couple of popular phrases often used in romantic movies but what about The Hangover movie what if your client woke up one morning only to discover that they were married and duties and responsibilities of married couples were bestowed upon them…what to do?….

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Family Conflict, Separation, Spouse

When Inheritance Divides: The Strain of Sibling Disputes Over Estate Debts

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This blog post was written by Mohena Singh, Associate at Fasken LLP. An important question a person has to answer when planning their estate is, “who will be the estate trustee?” Sometimes this decision is taken lightly or a person may gravitate towards an obvious answer – “my spouse” or “my children”. What may seem like an easy decision can become costly and delay the administration of the estate if….

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Estate Administration, Family Conflict, Trustee, Trustee Disputes

The Interpretation of Wills

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Tangled Ropes Photo by Malcolm Burrows

Mohapel v. Young, 2024 ONSC 1332 is a recent case which addresses the issue of will interpretation. The applicant, Iva Mohapel (“Iva”), sought an order that the respondent estate trustee, Doulgas Michael Charles Young (the “ET”), distribute the residue of the estate in four equal shares to her and each of the respondents (children of the deceased). Paragraphs 4(e) and (f) of the deceased’s November 3, 2022 last will and….

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Estate Litigation, Executors, Family Conflict, Uncategorized, Wills

When a Parent Asks You to Be Their Executor

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Today’s blog has been guest written by Musa Mansuar, Articling Student at Fasken LLP It’s a profound moment when a parent asks you to be the executor of their estate. For many, it’s a conversation that carries both honour and gravity. On one hand, being chosen signals immense trust and confidence; on the other, it signifies a weighty responsibility. Executors play a vital role in ensuring a loved one’s final….

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Estate Administration, Estate Administration and Probate Applications, Executors, Family Conflict, Grief, Trustee, Wills

Disinheritance of Separated Spouses Takes Full Effect

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Today’s blog post was written by Latoya Brown, Associate at Fasken LLP. As the year draws to a close, it’s a natural time for reflection and planning. Many will be reviewing the past year, evaluating their goals and making new ones for the new year. In the realm of estates, it’s an ideal time to review your estate plan to ensure it is up to date as well as note….

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Estate Administration, Estate Planning, Family Conflict, Separation, Wills
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