Mental Capacity – No Suspicious Circumstances Found

Testamentary  ( Mental) Capacity and Suspicious Circumstances Machander v Drader 2012 BCSC 1496 is a court case where testamentary capacity was found to exist and suspicious circumstances were not made out. The deceased executed a will in 2003 in which he named his wife as… Read more

Court Prefers Lawyers Opinion Over Doctor’s On Mental Capacity

  Moore v Drummond BCSC 1702 is not the first decision where the evidence of the lawyer who  prepared a will  is preferred over that of a family doctor, on the issue of whether or not a deceased  had mental capacity to prepare a will. One… Read more

Court Finds Will Valid -Testator Not Delusional

Hsia v Yen-Zimmerman 2012 BCSC 1620 raised the allegation that the will of the deceased was invalid due to his lack of capacity caused by a delusion arising out of the murder of his daughter in 1972.   His will made in 1973 left everything… Read more

Aggressive Narcissism – There Is Only Win or Lose is indebted to the Atlantic magazine on this extraordinary article re aggressive personality disorder, that appears all too frequently in estate disputes. Regrettably, it is not considered a factor in determining mental capacity, but is simply a “personality disorder”. Aggressive Narcissism : Lance Armstrong… Read more

Second Medical Examination of Ederly Man Refused

The BC Court of Appeal dismissed an application that an elderly man undergo a second mental assessment examination On February 12, 2012 I blogged the Supreme Court  decision in Temoin v Martin 2011 BCSC 1727 The Court of Appeal in reasons for judgment cited at  2012… Read more

Demented Senior’s Will Set Aside For Lack of Capacity

Maliwat v. Gagne 2009 BCSC 1447 is perhaps a typical, if there is such thing in estate litigation, case of an advanced demented senior signing a will late in life, that is subsequently overturned for lack of mental capacity.