Family Conflict

Total 257 Posts

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

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

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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….

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

Costs in Capacity Litigation

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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….

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