Family Conflict

Total 257 Posts

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

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

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

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

2024 Learning Resolution: Longevity, Sibling Rivalry, and Wealth Management

an empty arm chair with a lamp beside it in front of a bookcase that extends along the wall

For thousands of years, it has been a tradition for people in the Western world and some in the East to set New Year’s resolutions. Many see their resolutions as a refreshing start to the New Year – in with the new goals and out with the old. As we enter this Leap Year of 2024, it’s a good time to update our knowledge and share resources on hot topics….

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Elder Care, Elder Management, Family Conflict, Smart Ageing

Wish lists are for more than just the holiday season

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?

                                             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
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