Testamentary Capacity

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

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.
Elderly Will-Makers and Testamentary Capacity

Elderly Will-Makers and Testamentary Capacity

The age of elderly will-makers has never been an element of the test for testamentary capacity. In the leading case of Banks v Goodfellow (1870) LR 5QB 549 on testamentary
Heavy Onus on Will Drafter to Check for Capacity

Heavy Onus on Will Drafter to Check for Capacity

Friesen Estate (1985) Man QB 88 sets out the law relating to testamentary capacity in Manitoba, including the heavy onus on a lawyer , notary or  will drafter who takes
Testamentary Capacity: Knowledge and Approval

Testamentary Capacity: Knowledge and Approval

One of the components of testamentary capacity and a valid will is that the testator must have knowledge and approval of the contents of the will before it is signed.
Mental Capacity: G.P. Evidence Admitted as Expert

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) testimony on mental capacity because