March 1st | 2013
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
January 29th | 2013
Disinherited.com 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
July 16th | 2012
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
April 25th | 2011
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.