Family Conflict

Total 253 Posts

Inadequate Execution of a Will led to Court Dispute

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In Bayford v. Boese 2019 ONSC 5663 the deceased Mr. Boese was the sole owner of a farm in Eastern Ontario he inherited from his parents. He never married and had no children. For two decades prior to his death, Mr. Boese was assisted in the operation of the farm by his friend, Ms. Bayford. Under a will made by Mr. Boese two years earlier, the farm property was to….

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Contested wills, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Power of Attorney, Uncategorized, Wills

A New Way to Plan for Death

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Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. I recently came across an article talking about death doulas. Yes, you read right, death doulas. While I’ve heard of doulas helping pregnant women come up with and execute a birthing plan, a death doula was something I had not heard of before. “Doula” is the….

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Capacity Law, Caregiving, Family Conflict, Medical Assistance in Dying

Resulting Trusts and Summary Judgment Motions

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With its sandy beaches, hiking trails, canoe routes, and wildlife, the Town of Wasaga Beach is a well-loved Ontario vacation destination. However, no town, however idyllic, is immune to lengthy property disputes, especially when the two people fighting are related to each other. Brother A and Brother B were at odds with each other over the beneficial ownership of a house in Wasaga Beach. Brother A was on title to….

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Compensation, Cottage, Family Conflict, Loans, Probate Tax, Property, Real Estate, Resulting Trust, Tax Issues, Trustee Compensation, Trusts

Celebrity Estates – Not Immune from the Trials and Tribulations of Estate Planning and Litigation

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With TIFF in full swing, celebrity worship is in overdrive. However, celebrities also deal with the mundane and there is often nothing glamorous about their estates. In fact, like the rest of us mere mortals, celebrities do not have a lock on getting things right. So often, there is so much money sloshing around, coupled with the absence of a properly drawn will, that estate fights are inevitable. Michael Jackson’s….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Family Conflict, Fiduciary Professions, Interest, International, Succession Planning, Tax Issues, U.S. Citizen, United States, US Taxes, Wills

Separation Agreements, Support Obligations, and Summary Judgment

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Separation agreements commonly include a requirement that one of the spouses maintains a life insurance policy in favour of the other in order to “secure” support payments (either child support or spousal support). It is equally as common to find out, on the death of the supposedly insured spouse, that she let the insurance policy lapsed, changed the designated beneficiary, or reduced the amount of the policy. What happens next?….

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

Disproportionate Inheritance? WESA to the Rescue

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This blog was written by Aathiya Bala, Associate Estate and Trust Consultant with Scotia Wealth Management   Nahar and Nihal Litt arrived from India in 1964 with modest beginnings. The couple worked tireless hours building their family’s farm business estate for decades. Their children, who were between the ages of three and fourteen when arriving to Canada, helped cultivate their family business throughout the years. The family began to acquire….

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Contested wills, Estate Litigation, Family Conflict, In the News
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