Estate Litigation

First physician-assisted suicide case in Ontario

Much has been written about last month’s physician-assisted suicide decision by Justice Perell of the Ontario Superior Court of Justice in B. (A.) v. Canada (Attorney General). Ever since the Supreme Court handed down the historic decision of Carter v. Canada (Attorney General) (previously discussed here), as well as its companion decision delaying implementation for an additional four months while

Estate Litigation, In The News

When is a Handwritten Will Valid?

Linda was cleaning up her deceased sister-in-law Cynthia’s new apartment when she discovered a document inside a Sobeys bag. It was in the deceased’s handwriting and discussed distributing her property upon her death. It named Linda as executrix. As Linda continued to clean Cynthia’s residence she found another such handwritten document (this time, tucked away on

Costs, Court Applications to Interpret a Will or Trust, Estate Litigation, Will Challenges

Aging Population Brings Greater Risk to Guardianship System

An article last month in the Wall Street Journal entitled “Abuse Plagues System of Legal Guardians for Adults” noted a variety of complaints across the United States about guardians of property and personal care. In one nightmarish story, 71-year old Linda McDowell’s former housemate and companion helped file a court petition, unbeknownst to Ms. McDowell, seeking

Capacity Litigation, Estate Litigation, Guardianship Applications
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