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Sibling spat results in removal of attorney

by Charles Ticker | Aug 2, 2013 | eldercare, estate law, estate litigation, powers of attorney, will challenge

In the past, I have blogged and spoken about the duties of an attorney (substitute decision maker) acting under a power of attorney. I am consulted on a regular basis by family members of incapable persons who have concerns or complaints concerning the failure of an...

Sibling estate dispute highlights pitfalls of joint tenancy

by Charles Ticker | Jun 14, 2013 | estate litigation, solicitor negligence

A recent decision of the Supreme Court of British Columbia, Semenoff Estate v. Bridgeman, highlights the problems that can result when joint tenancy is used as an estate planning tool , non-lawyers draft their own legal documents and ask their lawyers to accept and...

Duties of attorney for property difficult to find in Ontario statute

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...

Preventing financial abuse under powers of attorney

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...

Settlement of soul singer’s estate dispute set aside

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...
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