Family Conflict

Total 257 Posts

Case Comment: Huang v. Nie, 2024 ONSC 2398

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As many of our readers may know, estate trustees have a duty to account to the beneficiaries of an estate for the property they administer. Beneficiaries are entitled to be kept informed and can reasonably expect transparency and communication from the estate trustee in this regard. Oftentimes, an estate trustee will deliver accounts to beneficiaries to demonstrate what funds have come into the estate, and what funds have been paid….

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

How Can a Guardian or an Attorney for Property Enter Into a Domestic Contract on Behalf of a Mentally Incapable Person?

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Anna Chen, Associate, Gowling WLG (Canada) LLP An interesting question arose recently on how an attorney for property can enter into a domestic contract on behalf of the mentally incapable person. Part IV of the Family Law Act, R.S.O. 1990, c. F. 3 (“FLA”), sets out the provisions respecting “domestic contracts”, which is defined by section 51 of the FLA as “marriage contract, separation agreement, cohabitation agreement, paternity agreement or….

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Family Conflict, Spouse

Insights into Resolving Care Disputes – POAs for Personal Care – Part 3

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On June 20, 2024, I attended the annual Ontario Bar Association’s Elder Law Day, where several informative presentations noted the rise in personal care disputes. Speakers also explored approaches that lawyers might consider to manage these disputes. The presentations triggered me to write about common issues we see related to the Power of Attorneys for Care. I also offer considerations to help lawyers and advisors deal with personal care disputes…..

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Caregiving, Elder Care, Elder Management, Family Conflict, Power of Attorney

The Next Succession? Lessons from a family estate gone wrong…

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Today’s blog was written by Karen La Caprara, Counsel, at Fasken Martineau DuMoulin LLP. This being my first All About Estates blog, I thought I would make it a personal one. So, as an introduction, I decided that I would share my family experience that contributed to my decision to practice in the area of wills and estates.[1] I won’t get into the nitty gritty of all that went down,….

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Estate Administration, Estate Planning, Executors, Family Conflict, Trustee, Wills

Insights into Resolving Care Disputes – Part 1

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Managing the care of an older person can be one of the most challenging situations ever undertaken by a family or group of friends. And it is normal for some conflict to arise over the health and personal care needs and the many ways to address those needs. No two caregiving situations are the same. With a rapidly aging population, the number of care disputes is increasing, and professionals across….

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Caregiving, Elder Management, Family Conflict

But We Had a Deal – Overview of the Law on Motions to Enforce a Settlement

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Generally, many of the estate litigation cases we see settle before the hearing of the application or before the matter proceeds to trial. However, quite often, minutes of settlement are not executed at the time an agreement is reached. Indeed, cases are sometimes resolved late in the evening or there is an agreement in principle or signed settlement terms, with a formal agreement to follow. While parties may be able….

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Contracts, Estate Litigation, Family Conflict, Uncategorized
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