Posted by Charles Ticker 0 Comment
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” and Helen Mountain. Jack and Helen owned and operated…Read More »
charles ticker, costs, estate dispute, estate litigation, Mountain v. TD Canada Trust, sibling fight, succession planning, willsPosted by Charles Ticker 0 Comment
A common sibling estate dispute that I see in my practice involves the family home where an adult sibling continues to reside in the home after the parent has died. Sometimes a sibling will move in to take care of the elderly parent. In other situations, the parent is caring for an adult child who…Read More »
charles ticker, estate dispute, estate litigation, sibling fight, willsPosted by Charles Ticker 0 Comment
Many of the sibling estate fights that I come across involve siblings fighting over a parent’s estate. The recent case of Re Fawson Estate is a bit of a twist in that involved siblings fighting over a sibling’s estate. Margaret Fawson had three brothers. She made a will disinheriting two of her brothers, Jim and…Read More »
charles ticker, dementia, estate litigation, sibling fight, willsPosted by Charles Ticker 0 Comment
Most sibling estate fights that I litigate involve a will. The fight may be a will challenge disputing the validity of the will based on: • Lack of testamentary capacity on the part of the testator ( the person making the will) • The testator’s lack of knowledge or approval of the contents of the…Read More »
charles ticker, estate dispute, estate litigation, John Poyser, sibling fight, wills