Family Conflict

Total 254 Posts

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

COTTRELL A MUST-READ FOR VALUING THE INTEREST OF A BENEFICIARY IN A DISCRETIONARY TRUST

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This blog has been written by Darren Lund, a partner at Fasken LLP In Ontario, trust law and family law have for some time taken very different approaches to valuing the interest of a beneficiary in a discretionary family trust. For trust lawyers, a beneficiary’s interest in a discretionary family trust is a “mere expectancy”. Beneficiaries who are part of the class of discretionary beneficiaries have a right to be….

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Estate Planning, Family Conflict, Property, Separation, Trusts, Uncategorized

‘TILL DEATH DO US PART

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Today, over half of Canadians own a pet. However, a recent survey shows only 7% of pet owners have made formal arrangements for them. If there is no provision in your estate plans, your beloved pet might not be taken care of in the manner to which they’ve become accustomed…..

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Estate Administration, Estate Planning, Family Conflict, In the News, Interest, Succession Planning, Wills

Examination of non-parties

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Production of documentary evidence and examinations are key parts of the litigation process as a matter proceeds towards trial. In some cases, an applicant may wish to examine non-parties, in addition to the opposing litigants. In an estates context, these can include family members of the deceased, accountants or solicitors that helped the deceased manage his or her financial affairs or draft a will, or business partners of the deceased…..

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Estate Litigation, Executors, Family Conflict, Wills
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