Testamentary Capacity

Vancouver Estate Litigation: Proving the Validity of a Will

Trevor Todd and Jackson Todd have over 65 combined years of practice in handling estate litigation disputes, including proving the validity of a contested will. Re McNish Estate 2026 BCSC

Vancouver Estate Litigation Lawyer- Mental Capacity Needed to Make a Will

.Trevor Todd and Jackson Todd have over 65 years combined experience in handling contested estates including matters dealing with mental capacity required to sign a valid will   Marshall Estate

Stages of Progressive Dementia

Probably the most difficult area of estate litigation has to do with court actions such as lack of mental capacity to make a will, be financial responsible, make  a substantial
forgery and handwriting analysis

Forgery and Handwriting Analysis

 I commonly receive estate enquiries where the enquirer strongly asserts   suspicion that  documents found after death such s a wills or a  transfer were forged. I predicted many years ago

Mental Capacity to Make a Will

Jung Estate v Jung Estate 2022 BCSC 1298 reviewed the law on mental ( testamentary) capacity to make a will and found the will invalid. The most frequently quoted test
Insane Delusions

Insane Delusions

I am sure most estate litigators have had a deceased parent accuse various family members of stealing cups, teaspoons and usually other minor things. If so the dispirited and disinherited 
Testamentary Capacity: Knowledge & Approval

Testamentary Capacity, Knowledge & Approval

Jung estate v Jung estate 2022 BCSC 1298 found a will invalid and discussed the difference between testamentary capacity and knowledge and approval. There is a distinction between capacity to
Testamentary Capacity and Knowledge and Approval of a Will

Testamentary Capacity and Knowledge and Approval of a Will

Nassim v Healey, 2022 BCSC 402 at para. 44 summarized the rules regarding the burden of proof relating to testamentary capacity, and knowledge and approval . The rules regarding the
Recognizing Dementia

Recognizing Dementia

I was told by a geriatric psychiatrist that many people have a dementia for two years before it is noted to be a concern. Many times family members are simply
Testamentary Capacity: A Legal Test and Construct

Testamentary Capacity: A Legal Test and Construct

Nassim v Healey 2022 BCSC 402 was a dispute over the validity of two testamentary documents –a formal one prepared by lawyers and a hand written will made by the