Family Conflict

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Wish lists are for more than just the holiday season

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This blog has been written by Mohena Singh [Associate] at Fasken LLP As we near the new year and reflect on another holiday season, many of us may have used this time to spend with family and friends or catch up on some much needed rest and recovery. This time of year also tends to be one filled with gift-giving and showing love to the special people in our lives…..

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Elder Care, Estate Administration, Estate Planning, Family Conflict, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Succession Planning, Uncategorized, Wills

Executors: Holiday Elf or Grinch?

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                                             Photo Credit: Universal Pictures This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP If you are the lucky (or more often unlucky) person appointed to administer an Estate, you may have more stress than usual this holiday season. I wrote this blog in hopes….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Executors, Family Conflict, Wills

Dearly Departed…or not?

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A recent Toronto Star article[1] highlighted what has become a bit of an interesting viral trend in the modern internet era: “scorched earth” obituaries, written by one or more of a deceased person’s relatives, who do not have anything nice to say in their send-off of the departed. The article provides a few highlights from recent examples, including an obituary prepared by a deceased woman’s children that said “they understand that….

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Estate Administration, Estate Planning, Family Conflict

Navigating Elder Management Part 2: Dispute Prevention

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Old family photos are pegged to a string with a white sheet background.

This article is a companion to my previous blog post, Navigating Elder Management: Common Sibling and Stepsibling Disputes. Exploring the source of common disputes in elder management is important. Even more important is to look at strategies that may prevent them in the first place. A decade ago, the popular press seldom covered news on comprehensive estate planning or the challenges of caring for elderly family members. Wealth managers and….

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Elder Management, Estate Planning, Family Conflict

Disclosure of Medical Records: Privacy Matters

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In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of signing the wills. In order to gather the necessary evidence to support their claim, the siblings brought a motion to….

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Contested wills, Estate Litigation, Estate Planning, Executors, Family Conflict, Testamentary Capacity, Undue influence, Wills

Navigating Elder Management: Common Sibling and Stepsibling Disputes

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Old family photos are pegged to a string with a white sheet background.

Navigating the elder management landscape can be overwhelming and complicated – especially when siblings and stepsiblings do not get along. While elderly family members may have an estate plan in place, the execution of the plan can be challenging, especially when it comes to care. Eventually, elderly family members may need assistance with such things as managing their finances, managing their care, or managing a change in living accommodation to….

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Elder Care, Elder Management, Family Conflict
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