Tag: family relationships
On November 19 and 20, 2018, the Family Dispute Resolution Institute of Ontario (“FDRIO”) will be holding its 2018 Family Dispute Resolution conference. As you can guess from its name, the conference will be addressing topical issues in family law and family dispute resolution. From workshops on financial topics common in family law, effective arbitration, and the use of interdisciplinary teams to resolve issues with high conflict clients, the conference offers a variety of practical seminars.
The FDR conference brings together a wide variety of professionals engaged in family dispute resolution from lawyers, therapists, family coaches and parenting coordinators, and business valuators. As described on their website, FDRIO serves as an organization to bring together multidisciplinary professionals who facilitate family dispute resolution.
Of course, why discuss such a conference in a blog relating to estate and trusts law? Unfortunately, family drama, difficulties, and legal issues don’t end upon the incapacity or death of a loved one (indeed, they can often get worse). We regularly see claims brought regarding or against Estates that bring up a myriad of family law issues. From preparing financial statements as part of dependant support claims and handling claims for equalization of Net Family Property to engaging with high conflict clients who are mired in the turmoil of family difficulties, it’s important to understand the family law issues that may affect claims relating to estates. Even better, however, is learning the tools and tips of family dispute resolution professionals who have accumulated a wealth of knowledge as to how to navigate the difficult family relationships that affect their clients. While we may be focused on the legal issues involved in any particular matter, we often see clients who are instead focused on the issues that we can’t assist with such as siblings rivalries and tension resulting from the breakdown of a marriage. It’s always helpful to learn from those in the trenches of family law how to better handle such situations and best assist our clients.
Hull & Hull LLP is proud to be a silver sponsor of the 2018 conference and is looking forward to learning all the latest on Family Dispute Resolution on November 19 and 20, 2018.
Thanks for reading!
In estate litigation we often have to explain to the court, in detail, the relationship between different family members. When a client says that a person is their brother or mother, that is usually pretty straightforward.
One of the most confusing terms used to describe a familial relationship is the word “cousin”. We use the word to describe, obviously, our relationship to the children of our aunts and uncles (our true cousins). However, sometimes people also say that someone is their “second cousin twice removed”. That can make anyone quite confused about what the specific family tree should look like.
In my quest for some clarity, I came across a helpful site. It explains that if someone is your first cousin (so picture your ‘regular’ cousin) then his or her child would be your “first cousin once removed.” The term once or twice removed always means one or more generation levels different from you.
All of your regular cousins (and some can be called first, second, third etc. but I will discuss that aspect tomorrow) are at the same generation level as yourself. Those at different generational levels are referred to as “removed.”
Stay tuned for tomorrow’s blog on First, Second and Third Cousins!
"It’s unacceptable to the average person that you can just turn up with a bunch of heavies and steal the coffin."
Coen brothers? Nope. No, not Tim Burton either. In fact, this is a statement put forth by an MP in New Zealand after the third case of body snatching in less than a year.
As reported in the BBC news yesterday, the body of a 76-yr old woman was hijacked right out of the back of the hearse by four carloads of people including her estranged daughter. The bizarre, but not unprecedented, scene sparked a bitter family row over the deceased’s last wishes with respect to her funeral arrangements. The deceased had been married to a Maori man but separated from him in the 1970s. Clashes over where people are buried are apparently not uncommon in Maori society, particularly in marriages of mixed descent (e.g. Maori and European).
Incredibly, a spokesman for police national headquarters said they had limited power to intervene: "Body snatching is not against the law" since, in contrast to Ontario, a body cannot be legally owned in New Zealand. The recent cluster of body snatching cases may lead to an overhaul of New Zealand law regarding who owns a body.
David M. Smith
Listen to Funeral Considerations
This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the considerations and responsibilities of estate trustees at the time of a funeral.
Yesterday, I wrote about an amazing book by Mitch Albom that I came across recently called “For One More Day”. In the introduction to the book, the author peaks your interest by asking the following question:
"Have you ever lost someone you love and wanted one more conversation, one more chance to make up for the time when you thought they would be here forever?"
Short answer? Well, of course!
The book is a fascinating story of a son and his mother who were in fact fortunate enough to be able to get "one more day" together. Imagine how priceless that must be – an opportunity to say the words that were never said, to share the thoughts that were never spoken, and to rid the relationship of any lingering regret …
Charley’s mother left him with words of wisdom regarding his impending marriage, words which (with slight modification) really can apply to any relationship it seems. She said:
“You have to work at it together. And you have to love three things. You have to love:
(i) each other
(iii) your marriage.
… There may be times that you fight, and sometimes you … won’t even like each other. But those are the times you have to love your marriage. It’s like a third party. Look at your wedding photos. Look at any memories you’ve made. And believe in those memories, they will pull you back together."
Although it may seem trite, it was a beautifully written book that reminded me to make sure that I spend the time with my parents and family now, instead of trying to wait for another day, which may never come.
I highly recommend this story to anyone looking for a “reality check”.
Have a great weekend! All the best – Suzana.
Recently, I had an opportunity to relax a bit and actually do some fun, as opposed to work-related, reading. I read an amazing book by Mitch Albom, who is the author of international best sellers, "The Five People You Meet in Heaven" and "Tuesdays with Morrie". Mr. Albom wrote another book called "For One More Day".
"For One More Day" is the story of a relationship that is important to many of us as parents – that being the relationship between a mother and a son. It explores the intriguing question, "What would you do if you could spend one more day with a lost loved one?"
In the book, Charley Bonato does just that, at a very important stage in his life. Charley was essentially raised alone by his mother and, many years later, as a broken man, he decides to take his own life. After a failed attempt to do just that, he ends up spending "just one more day" with his mother.
As the author notes, the story is about a family and, as there is a ghost involved, it could be called a "ghost story"; every family, however, is a ghost story and the dead sit at your table long after they have gone. It’s the sharing of tales of those we’ve lost that helps us keep from really losing them.
Tomorrow, I’ll tell you a bit more about this remarkable piece of work.
Till then, all the best – Suzana.