Mental Capacity: G.P. Evidence Admitted as Expert
July 26, 2019 No Comments
On of the grounds for appeal in Wilton v Koestlmaier 2019 BCCA 262 was that the trial judge erred in admitting the family doctor’s (GP’S)
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Mental Capacity and Medical Records
July 4, 2019 No Comments
Re Singh Estate 2019 BCSC 272 reviewed the law of both mental capacity as well as the admissibility of medical records under s. 42 Evidence
Identifying Undue Influence
March 19, 2019 No Comments
A checklist for identifying a relationship of domination and dependence that might involve a situation of undue influence is: 1. Explore whether will-maker is in
Delirium and Mental Capacity
November 18, 2018 No Comments
When discussing the law relating to mental capacity much of the focus is often on dementia such as Alzheimer’s disease, while delirium is often a
Suspicious Circumstances
October 15, 2018 No Comments
An important aspect of challenging the validity of a will due to lack of testamentary capacity is to look for suspicious circumstances which if found
Assessing Mental Capacity: MMSE Mental Capacity Tests
April 29, 2018 No Comments
MMSE mental capacity tests, also known as Mini Folstein tests are frequently used by the medical profession as a screening test in assessing mental capacity.
Can You Prove Mental Incapacity for a Will?
April 24, 2018 No Comments
Nykoryak v Anderson 2017 BCSC 1800 is a decision that in many respects is indicative of how difficult it is to succeed in having a
Mental Capacity is a Legal Test, Not Medical
February 1, 2018 No Comments
The test for testamentary mental capacity is a legal test and not a medical test. It is very common in testamentary capacity cases to have
Predatory Marriage
January 22, 2018 No Comments
Probably every experienced estate litigation lawyer has had court actions involving a predatory spouse. The phenomenon is disturbing and increasingly common in our society as
Litigation Guardian: Lawyers Can Assess Mental Capacity
August 5, 2017 No Comments
In Gengenbacher v. Smith, 2016 BCSC 1164, the court examined what is the test that a solicitor must satisfy to determine if the solicitor can