Family Conflict

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Update on Suggested Amendment for Capacity to Consent to MAiD

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I suggest “an appreciation of the impact MAiD will have on family members and friends” be included in fulfilling the proposed amendment of the appreciation test for consenting to MAiD. The proposed amendment would not mandate being bound by others’ opinions, but that that lack of ability to appreciate the views of one’s significant others would demonstrate a lack of ability to apply the relevant information to one’s circumstances…..

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Capacity Law, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Healthcare, Medical Assistance in Dying, Testamentary Capacity, Undue influence

You’re not my mother!

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A child’s relationship with their parents is complicated. If a child is in extended society care, previously known as being a Crown ward, that’s probably an understatement. But what happens in the unfortunate situation that a child under society care passes away? Nobody likes to contemplate the death of a child, but it raises all kinds of logistical questions. For one, who has the right to make burial arrangements for….

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Estate Administration, Family Conflict, Funeral Planning

Estate Trustee Compensation – Discretionary Factors

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Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount…..

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Attorney Compensation, Compensation, Estate Administration, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trustee Disputes

Update on MAiD: Mental Disorder as a Sole Underlying Medical Condition

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In Canada, the law no longer restricts medical assistance in dying (MAiD) to people whose death is reasonably foreseeable: as of March 17, 2023, people with a mental disorder as a sole underlying medical condition (MD-SUMC) will be eligible for MAiD…..

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Capacity Law, Disability, Elder Care, Elder Law, Family Conflict, Geriatric Care Management, Healthcare, In the News, Medical Assistance in Dying, Powers Of Attorney and Guardianship Disputes, Succession Planning

How much security is enough?

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With real estate prices soaring, it’s no surprise that property is often at the heart of estate litigation. Certificates of pending litigation (CPLs) are a common tool used to ensure that a disputed property is not sold before the litigation is resolved. If the parties agree to remove a CPL so that the property may be sold, the agreement is generally contingent on holding the sale proceeds in trust pending….

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Estate Litigation, Family Conflict, Joint Tenancy, Property, Real Estate, Trusts

What if… the Kardashian Deathbed Marriage Took Place under Ontario Law?

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A Thought Experiment Recently, I had the opportunity to co-author a paper on deathbed retainers with Justin de Vries. In drafting this paper, I had the occasion to think about deathbed wills from every conceivable angle. The idea for this blog started as footnote 81: a hypothetical thought experiment on the legal interaction between a deathbed marriage and a deathbed will. Case law on deathbed retainers and wills stand at….

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Estate Planning, Family Conflict, Interest, Uncategorized
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