by Charles Ticker | Apr 26, 2013 | estate law, powers of attorney
In Ontario, the duties of an attorney for property acting under a power of attorney (“POA”) are set out in the Substitute Decisions Act (“SDA”). An attorney who is prepared to do some research or seek legal advice will of course be referred to the SDA for more...
by Charles Ticker | Apr 19, 2013 | estate law, powers of attorney
This past week I attended the Canadian Bar Association National Elder Law Conference. The conference was an opportunity to meet colleagues from across Canada and to exchange ideas and discuss developments in the growing area of elder law. One of the topics discussed...
by Charles Ticker | Mar 15, 2013 | dividing estate, estate law, estate litigation, mediation, will challenge
I have written on this blog of several estate disputes involving celebrities. A recent case is yet another example of controversy that often results after a celebrity’s passing. James Brown, the “Godfather of Soul” died in Atlanta, Georgia on Christmas Day in 2006. He...
by Charles Ticker | Mar 1, 2013 | dividing estate, estate law, estate litigation, testamentary capacity, will challenge
Sibling spats involving family and parents are not new. However, with the advent of email communications, those disputes, fuelled by the exchange of nasty e-mails, tend to grow totally out of proportion. Sometimes the ensuing litigation is so costly that it wipes out...
by Charles Ticker | Jan 4, 2013 | estate law, estate litigation, testamentary capacity, will challenge
I recently wrote a case comment on a recent will challenge case out of BC called Moore v. Drummond (See Make Sure Mom knows when you visit) I recently received an email from one of the witnesses in that case who wrote as follows: “Dear Mr. Charles Ticker, I am...
by Charles Ticker | Dec 17, 2012 | estate law, estate litigation, testamentary capacity, will challenge
A recent case from British Columbia , Moore v. Drummond may have some lawyers scratching their heads as to what evidence they need to adduce in a will challenge case to prove that a person does not have the requisite testamentary capacity. Dorothy “Dee” Drummond died...
