Family Conflict

Total 254 Posts

Navigating Elder Management: Common Sibling and Stepsibling Disputes

• • 2 Comments
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….

Navigating Elder Management: Common Sibling and Stepsibling Disputes Continue Reading »

Elder Care, Elder Management, Family Conflict

Failure to plan can leave minor children in “Another World”: Considerations for the Anne Heche estate

• • 0 Comments

Today’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left her in critical condition. Heche died, leaving behind her two sons, 20 year old Homer Laffoon, 13 year old Atlas….

Failure to plan can leave minor children in “Another World”: Considerations for the Anne Heche estate Continue Reading »

Contested wills, Courts, Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Guardianship, Wills

Costs in Capacity Litigation

• • 0 Comments

The question of who will bear the costs of a proceeding at the end of the day is often hotly debated, but the matter may be more complex in cases where the litigation concerns the guardianship of, or issues relating to, an incapable individual. The court in Fiacco v. Lombardi (“Fiacco”) makes clear that “The exercise of the court’s discretion in respect of cost claims in capacity litigation should reflect….

Costs in Capacity Litigation Continue Reading »

Capacity Law, Costs, Estate Litigation, Family Conflict, Guardianship

Suggested Instructions for Attorneys for Personal Care: Limitations of Authority

• • 2 Comments

It is just as important to know the limitations of a power of attorney for personal care as it is to know your responsibilities…..

Suggested Instructions for Attorneys for Personal Care: Limitations of Authority Continue Reading »

Capacity Law, Elder Care, Elder Law, Elder Management, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes

When Families Collide with Constructive Trusts

• • 1 Comment

Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights is often put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. History of the Property Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”)….

When Families Collide with Constructive Trusts Continue Reading »

Contracts, Estate Litigation, Estate Planning, Executors, Family Conflict, Limitation periods, Property, Resulting Trust

The SDA and Parens Patriae Jurisdiction

• • 0 Comments

Power of attorney and guardianship disputes are fairly common in the estate litigation world. Oftentimes, siblings proceed to court as a result of allegations of financial abuse or a failure to look after the health and care of an incapable parent, in accordance with what is required of an attorney for property and/or personal care. Families therefore fight over who should be appointed by the court as the incapable person’s….

The SDA and Parens Patriae Jurisdiction Continue Reading »

Capacity Law, Elder Care, Elder Management, Estate Litigation, Family Conflict, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes
Scroll to Top