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 ...

California Dreaming-The Right to Visit an Elderly Parent

Friday, November 7th, 2014

I recently came across this news article while reading about the litigation surrounding the final days of Casey Kasem.  The article detailed the recent enactment of new sections to California’s probate code which will come into effect January 1, 2016.  The changes will require “conservators” (a position comparable to Ontario’s ...

Calculating Dependant’s Support-A View from the Divisional Court

Friday, October 3rd, 2014

The background in Quinn vs Carrigan is well known to estate and family law litigators as the parties have been involved in extensive litigation, including two trials and two appeals.  The first trial and its subsequent appeal, which focused on the issue of who is a “spouse” pursuant to the ...