Archive for the ‘Estate Litigation’ Category

Thoughts on Power of Attorney Litigation

Thursday, November 27th, 2014

The past couple blogs have discussed an increase in litigation while parents are still alive and one child is acting as attorney and others may be seeking more information or power etc. In addition it seems there is an increase in power of attorney litigation after the grantor has passed away ...

Choosing a POA: A Litigator’s Perspective

Tuesday, November 25th, 2014

Two things got me thinking about power of attorney litigation.  I listened to a great program on CBC on Sunday, where the guests – an estate litigator in Toronto and an elder law specialist from the west - talked about the trend that many estate litigators have seen lately.  That ...

Alcoholism Alone Not Enough to Negate Testamentary Capacity

Monday, November 17th, 2014

In daBalinhard, the Saskatchewan Court found that a history of alcoholism, short term memory loss and unusual behavior was not enough to sustain a will challenge. After a forty-year marriage, the testator, John, and his wife, Shirley, separated on August 16, 2011.  Two months after their separation, John executed a new ...