Family Conflict

Total 254 Posts

Will Challenges and Limitation Periods: Court of Appeal Weighs In

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The question of whether will challenges fall under the standard two-year limitation period has long been a topic of consideration in lower courts[1]. Does the limitation clock start ticking at the date of death, upon discovering the existence of another will, or when there is knowledge of both the existence and content of another will? The Court of Appeal has finally spoken on the issue … well, sort of…..

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Appeals, Contested wills, Estate Litigation, Executors, Family Conflict, Limitation periods, Wills

Videos and Wills: Helpful or Harmful?

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Pictured: A screen grab from the music video for “Only Acting” by Kero Kero Bonito. It’s one of my favourite songs. It’s not quite about video wills, but it does show off some of the challenges of recording oneself. What are Video Wills? Some practitioners have floated the idea of a “video will” as the next way in which technology will impact the world of trusts and estates. A “video….

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Capacity Law, Contested wills, Elder Law, Estate Planning, Family Conflict, Practice Management, Testamentary Capacity, Wills

Does an Adult Child have an Obligation to Support their Parent?

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*This blog was researched and authored by Jonathon Vander Zee, who is an articling student with de VRIES LITIGATION LLP.  There are many different kinds of support that can be sought as relief in a legal proceeding, such as child support, spousal support, and dependant’s support. These types of support are frequently litigated and can often be the central issue in a family or estate dispute. One of the lesser….

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Courts, Dependant Support, Estate Litigation, Family Conflict, Uncategorized

BILL C-62 – Delays the inclusion of mental illness from MAID eligibility

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Everyone knows the tragic Shakespeare tale of how Juliet awakens from her “death” to discover that her love Romeo had taken his life, believing that Juliet had really died.  Juliet, in her own state of sorrow, stabs herself with a dagger and is joined forever with her love Romeo. This week, it was announced that the former Dutch Prime Minister, Dries van Agt and his wife Eugenie van Agt-Krekelberg passed….

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Capacity Law, Family Conflict, In the News, Medical Assistance in Dying, Uncategorized

Capacity Evaluation – the Role of Corroborative Information at CCB Hearings

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In my last blog, I described the Court’s expectation for confirming a finding of incapacity: namely, that compelling evidence is required to override the presumption of capacity. Such evidence may include corroborative information. However, the Court has warned assessors to be alive to the presence of improper motives of informants who seek to have another found to be without mental capacity.[i] The Consent and Capacity Board (the “Board”) in Ontario….

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Appeals, Capacity Law, Credibility, Family Conflict, Guardianship, Healthcare

Standing to Bring a Trust Claim – When You Need to Sit Down

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There are a few occasions when you want someone who is not you to have as much money as possible. The first situation is when you are a beneficiary of their estate. The second situation is when you seeking an equalization payment under the Family Law Act. In both situations, you would want the estate/your former spouse to pursue any trust claims they may have without delay. However, as the….

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Estate Litigation, Family Conflict, Resulting Trust, Separation, Spouse, Trusts
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