Navigation

In this day and age, it is not uncommon to find adult children who continue to live with their parents well into their parents’ golden years.

These living arrangements can ultimately have profound effects on the relationships of siblings, both before and after the passing of their parents.

A typical situation involves a sibling who remains at home who resents other siblings for leaving the burden of parental caretaking duties to them.

On the other hand, siblings living outside their parents’ home might believe that their parents are being taken advantage of, and the estate is being squandered.

Court issues ruling in case between two sisters

In the case of Pellerin v. Pellerin, two siblings argued over their mother’s estate. One was acting as the mother’s committee (legal representative); while the other was living in the mother’s home and had done so, rent-free, for ten years and refused to vacate.

There was heavily conflicting information and an extreme level of acrimony in the evidence provided by both parties.

The court ultimately made the decision to give the respondent sibling five weeks to vacate the property so it could be sold to cover the costs of the mother’s care and preserve the estate for future needs.

Situations like these can be avoided or mitigated using a variety of strategies. We have experience navigating these types of familial estate disputes.

More News & Resources

February 17, 2021

Many businesses have been forced to close, limit their hours, or reduce their capacity. Despite a vaccine, the economic impact will likely continue, particularly in the face of new strains of the virus.

February 16, 2021

On January 28, 2021, the Ontario Superior Court addressed “inadequacies in current legal responses to internet defamation and harassment” by creating a new tort of internet harassment and cyber bullying.

February 4, 2021

While the global pandemic has been incredibly disruptive, the Court is embracing these changes and the legal community is using the tools available to move matters through the court system despite challenges.

January 6, 2021

Interesting reasons for judgment were recently released in the case. In this wills and estates case, a brother and sister entered into a contentious dispute surrounding the estate of their mother.