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...
by Charles Ticker | Dec 7, 2012 | dividing estate, estate law, estate litigation, mediation, succession planning
A recent decision of the Ontario Court of Appeal sets out the pitfalls of litigating estate disputes. This case involved a dispute between a brother and sister over their late parents’ farm. Gary and Louanne Mountain are the son and daughter of the late John “Jack”...
by Charles Ticker | Nov 16, 2012 | estate law, estate litigation, funeral diputes
Actor Sherman Hemsley is finally going to be laid to rest, more than three months after his death. An El Paso Court ruled last week that Hemsley’s last will and testament was valid,clearing the way for the named executor, his long time friend, Flora Enchinton,...