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 ...

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 ...