Testamentary Capacity

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
Testamentary Capacity and Lay Witnesses

Testamentary Capacity and Lay Witnesses

In a testamentary capacity case James v Field 2001 BCCA 267  recognized that the observation of a lay witness may carry as much weight as that of a doctor or
Testamentary Capacity: The Modern Restatement

Testamentary Capacity: The Modern Restatement

The modern restatement of the test for testamentary capacity means that the will maker is sufficiently clear in his/her understanding and memory to know, on his/her own, and in a
Suspicious Circumstances and Testamentary Capacity

Suspicious Circumstances and Testamentary Capacity

It’s important that will drafters be aware of and watch for any suspicious circumstances that might exist when taking will instructions. Preparing a will in the presence of suspicious circumstances
Delirium and Mental Capacity | Disinherited Vancouver Estate Litigation

Delirium and Mental Capacity

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 complicating factor for doctors in