Siblings and Power of Attorney

Picking up on our discussion of issues encountered in capacity litigation, a common scenario sees the Court asked to make inquiry into the relationship between the grantor and the attorney by a more “distant” sibling or relative (either geographically or otherwise). Procedurally, in Ontario, leave of the Court must be sought under s. 42(4) of [...]

ETHICAL ISSUES AS AN ESTATE LAWYER WHO ACTS FOR THE WHOLE FAMILY – PART I

In this series of blogs, we address relevant ethical issues that can be troubling for the estate lawyer. The ethical question that we thought we would struggle with is a circumstance where you have acted for a family as a whole, including the parents and the children, with regard to their estate planning and succession [...]