The determination of decision-making incapacity is time, task, and situation specific, and can be quite complex.  This complexity is in part caused by a lack of reliability and standardization when it comes to determining capacity.  In turn, this lack of reliability and standardization is caused by, among other things: biased or unattainable corroborative information, potential outcomes, risks, social conflicts, and impacts on family or supportive friends. All of these factors….

Two weeks ago, I posted Part I of this series. This blog is the second edition, as promised, and will detail 3 more recently released decisions that have had a lasting impact in the estate litigation and planning worlds. Salmon v. Rombough, 2024 ONSC 1186 This decisions applies the (fairly) newly entrenched section 21.1 of the Succession Law Reform Act (“SLRA”), which allows documents to be recognized as valid wills….