Mental Capacity: G.P. Evidence Admitted as Expert
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)
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)
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
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
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
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
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.
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
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
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
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