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
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
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
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.
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
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.
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
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
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.
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