Family Conflict

Total 253 Posts

Capacity to Consent to MAiD: A Suggestion For Amendment

• • 0 Comments

I have found it uncommon for a family member or beneficiary to exert undue influence to pressure a patient to pursue MAiD. What worries me is the vulnerability of patients to undue influence from physicians who may embrace therapeutic nihilism and bias patients unduly towards MAiD. I suggest that, for capacity to consent to MAiD, the test of “ability to appreciate” should be expanded to require an appreciation of the views and wishes of supportive family members and friends…..

Capacity to Consent to MAiD: A Suggestion For Amendment Continue Reading »

Capacity Law, Disability, Elder Care, Elder Law, Estate Planning, Family Conflict, Healthcare, In the News, Medical Assistance in Dying, Power of Attorney, Spouse, Succession Planning, Testamentary Capacity, Undue influence

Are Domestic Contracts Becoming More Popular?

• • 1 Comment

When I explain to people whom I’m meeting for the first time that I’m a lawyer and that among my areas of practice I draft domestic contracts, I’m often met with a response to the effect of “You mean, like, a pre-nup?” I can confirm that a “pre-nup” is, in fact, what I mean. In Ontario, they’re called domestic contracts, and they can take one of two forms: marriage contracts,….

Are Domestic Contracts Becoming More Popular? Continue Reading »

Contracts, Dependant Support, Estate Planning, Family Conflict, Separation, Spouse

Walters v. Walters: Limits to “Absolute Discretion” and Judicial Intervention by: Yvonne Mazurak

• • 1 Comment

A recent Court of Appeal decision, Walters v Walters, 2022 ONCA 38, addresses a trustee’s requirement to give effect to a testator or settlor’s intentions when exercising discretion with respect to distributions from a discretionary trust. At issue was whether the trustees had improperly relied on extraneous or irrelevant factors when exercising such discretion. The decision, written by Justice Sarah Pepall for the Court, is a helpful read as it….

Walters v. Walters: Limits to “Absolute Discretion” and Judicial Intervention by: Yvonne Mazurak Continue Reading »

Contested wills, Estate Litigation, Estate Planning, Executors, Family Conflict, Wills

Love After Loss- is it possible?

• • 1 Comment

Happy Monday and happy Valentine’s Day.  I truly am one of the lucky ones and I want to say thank you to my husband of  38 years. However  we live our lives, having a loving relationship is so important. As we are living longer, I am also well aware that we all age differently and we don’t know what (ill health) waits for us around the corner. The topic of….

Love After Loss- is it possible? Continue Reading »

Elder Care, Family Conflict

Shingeki no Kyojin: An Anime Unexpectedly About Family, Legacy and Succession

• • 0 Comments

Last week, my colleague Yvonne Mazurak wrote a blog post about a recently-released television show, And Just Like That, discussing the estate planning issues highlighted by the events of the show. So, I thought I would provide a bit of a television recommendation show of my own…although my taste is a bit different. For this post, I’d like to highlight Shingeki no Kyojin (in English: Attack on Titan), one of….

Shingeki no Kyojin: An Anime Unexpectedly About Family, Legacy and Succession Continue Reading »

Estate Planning, Family Conflict, Healthcare, In the News, Interest, Wills
Scroll to Top