by Charles Ticker | May 30, 2014 | eldercare, estate law, powers of attorney
One of the most frequent sibling estate fights that I come across is a dispute between siblings over who is to have the ability to make decisions for a parent who is not competent to make decisions for their own personal care. Sometimes the dispute involves third...
by Charles Ticker | Feb 18, 2014 | estate law, estate litigation, infliction of mental distress, neighbor dispute
I have previously blogged about a sibling estate fight that turned into a nasty neighbour dispute . Read the earlier blog here. The case Fitzpatrick v. Orwin and Squires involved a dispute over a property line that got very ugly when the neighbour Fitzpatrick was...
by Charles Ticker | Nov 5, 2013 | estate law, estate litigation, removing executor
When I was drafting Wills my clients would quite often have difficulty in deciding whom they should appoint to be their executor. While they usually would appoint their spouse, when it came to appointing other alternate executors, they typically would tend to appoint...
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...
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...