Testamentary Capacity

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
Admissibility of Medical Records

Admissibility of Medical Records

Many types of estate litigation cases such as testamentary capacity, undue influence, committee applications and others rely on medical evidence, which is typically initially obtained from medical records that are

Dementia In Estate Litigation

I have a number of blogs on  mental capacity  and most of them relate to “dementia” as the cause of the cognitive deficits that had lead to the estate litigation.

Mental Capacity to Make a Will

Henderson v Myler 2021 BCSC 1649 discussed inter alia mental capacity to make a will.   Determining whether a testator has the mental aka testamentary  capacity to make a will
Demented Willmakers “Might” Be Able to Do a Wil

Demented Willmakers “Might” Be Able to Do a Will

In certain circumstances, a demented person found to be incapable under the Patients Property act may still have sufficient mental capacity to properly instruct a lawyer to prepare a will.