My husband and I recently went on a trip to Peru to celebrate our 35th wedding anniversary. It was an adventurous 18-day tour, amazing but exhausting. One of my favourite parts was the beginning of our trip when we spent four days at an Amazon jungle lodge. Part of…
Category: Family Conflict
Total 249 Posts
Today’s blog post was written by Latoya Brown, an Associate at Fasken LLP. The discussion of discriminatory wills continues with a new case out of the British Columbia Supreme Court. In Lam v Law Estate, 2024 BCSC 156, the court varied a testatrix’s will on the reasoning that the testatrix’s…
As many of our readers may know, estate trustees have a duty to account to the beneficiaries of an estate for the property they administer. Beneficiaries are entitled to be kept informed and can reasonably expect transparency and communication from the estate trustee in this regard. Oftentimes, an estate trustee…
Anna Chen, Associate, Gowling WLG (Canada) LLP An interesting question arose recently on how an attorney for property can enter into a domestic contract on behalf of the mentally incapable person. Part IV of the Family Law Act, R.S.O. 1990, c. F. 3 (“FLA”), sets out the provisions respecting “domestic…
On June 20, 2024, I attended the annual Ontario Bar Association’s Elder Law Day, where several informative presentations noted the rise in personal care disputes. Speakers also explored approaches that lawyers might consider to manage these disputes. The presentations triggered me to write about common issues we see related to…
Today’s blog was written by Karen La Caprara, Counsel, at Fasken Martineau DuMoulin LLP. This being my first All About Estates blog, I thought I would make it a personal one. So, as an introduction, I decided that I would share my family experience that contributed to my decision to…
Managing the care of an older person can be one of the most challenging situations ever undertaken by a family or group of friends. And it is normal for some conflict to arise over the health and personal care needs and the many ways to address those needs. No two…
Generally, many of the estate litigation cases we see settle before the hearing of the application or before the matter proceeds to trial. However, quite often, minutes of settlement are not executed at the time an agreement is reached. Indeed, cases are sometimes resolved late in the evening or there…
This blog has been written by Darren Lund, a partner at Fasken LLP In Ontario, trust law and family law have for some time taken very different approaches to valuing the interest of a beneficiary in a discretionary family trust. For trust lawyers, a beneficiary’s interest in a discretionary family…
Today, over half of Canadians own a pet. However, a recent survey shows only 7% of pet owners have made formal arrangements for them. If there is no provision in your estate plans, your beloved pet might not be taken care of in the manner to which they’ve become accustomed.