All About Estates

Category: Family Conflict

Total 169 Posts

The Role of the PGT – When, Why and How?

While estate lawyers are often presented with files that impact upon the rights of an incapable person, it is important to understand when, why and how the Public Guardian and Trustee (the “PGT”) becomes involved with such disputes. As noted on its website, and in general, the PGT acts as…

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Suggestions to Reduce the Potential for Elder Financial Abuse

I suggest that improved screening for vulnerability to abuse is clearly needed for seniors appointing family members as attorneys for property.

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Can a McDonald’s Paper Napkin be a Valid Will?

We know that a suicide note can constitute a valid will in British Columbia, and possibly in Ontario. However, can a will written on a paper napkin from a McDonald’s restaurant be a valid will in Saskatchewan? This was interesting issue was addressed in Gust v. Langan. The Facts Six…

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MAID Update – Bill C-7

The senate has passed Bill C-7, which introduces changes to Canada’s Criminal Code provisions regulating MAID. The changes will create a new, two-track system for applying for MAID.

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Valuing Estate Assets – A Hierarchy of Evidence

Acting as an estate trustee can be a difficult job. It is often made more difficult when you have to work with a sibling. While the types of disputes co-estate trustees can have with one another are seemingly infinite, one common fight is over valuing an estate asset. Valuing estate…

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Fake Evidence in the Era of Fake News

Today’s blog was written by Tyler Lin, student-at-law at de VRIES LITIGATION LLP Widespread embrace of social media has brought text messages, e-mails, and postings to the forefront of evidence in criminal, civil and family law disputes. These sources are supposed to allow judges to glean insight into the life…

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You’ve Got Mail – Part Three

In my final blog post of my three part series [link to Part one and Part two], I’ll look at what to consider when a parent or guardian is notified that their minor child has an interest in an estate. Such interest, as discussed in my other blogs, may be…

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Can You Preserve Your Tattoos After Your Death?

Introduction Last year, I wrote a blog post about estate planning for tattoo artists, which focused primarily on the intellectual property rights of tattoo artists in their tattoo designs and the ways in which such rights conflict with the rights of the people who actually bear such designs on their…

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Estate Planning Lessons from “The Dutch House”

The Dutch House, by Ann Patchett, is an excellent read. However, for those in the estate planning profession, it is also a reflection on what goes wrong when insufficient or no estate planning occurs.

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Does the Estate Trustee Always Participate in Estate Litigation?

One of the duties of an estate trustee is to respond to litigation brought against the estate. The estate trustee is also the only person with the authority to start litigation on behalf of the estate. Because estates are not legal entities such as corporations, the party to the litigation…

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