Capacity Law

Total 144 Posts

Lam v Law Estate: Gender bias permits variation of discriminatory will

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Today’s blog post was written by Latoya Brown, an Associate at Fasken LLP. The discussion of discriminatory wills continues with a new case out of the British Columbia Supreme Court. In Lam v Law Estate, 2024 BCSC 156, the court varied a testatrix’s will on the reasoning that the testatrix’s bias did not meet contemporary standards of fairness. The testatrix was survived by her two independent adult children, her son….

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Capacity Law, Caregiving, Compensation, Contested wills, Courts, Dependant Support, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Succession Planning, Uncategorized, Wills

Update on Dementia Epidemic: Incidence, Prevention, and Care

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Cartoon of a big white brain behind an older adult walking with a cane to represent dementia.

Cases of dementia are rising at an alarming rate, creating a public health crisis. At some point, most of us will either know someone living with dementia or someone who is caring for a person with the disease. As advisors, we must become proactive and purposeful by learning about dementia and its impact on clients. So, here are the latest research updates on the incidence, prevention, and care of dementia…..

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Capacity Law, Elder Care, Elder Law, Elder Management

To My Attorney: “I Do Not Want to Move in with my Kids”

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Cheerful seniors having fun while taking selfie at retirement community. stock photo

A question that often arises when discussing powers of attorney is whether to appoint the same person as the decision maker for property and personal care. although the roles are distinct at law, in practical terms there is a great deal of overlap. There are advantages of appointing the same decision makers for both roles, such as simplicity and consistency. However, different people may be equipped with skill sets which….

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Capacity Law, Power of Attorney

THE “SLAYER RULE” – WHAT’S THE BURDEN?

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Kira Domratchev, Associate Gowling WLG (Canada) LLP The litigators amongst us are no doubt familiar with the fact that matters of public policy affect the decisions of our Courts. Public policy does not tolerate a wrongdoer profiting from their crime. The “Slayer Rule” or the “Criminal Forfeiture Rule” is where the person criminally responsible for the testator’s death is disentitled from taking any benefit out of their victim’s estate.[1] This….

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Capacity Law, Deference

Analysis of Undue Influence is Case Specific

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The applicant in Roe v. Roe, 2022 ONSC 5821 (CanLII), was not successful in setting aside his mom’s will on the basis of undue influence and “insane delusions”.  He was the only son (of four) who was disinherited in his mom’s will.  This was a departure from the mom’s previous will which treated her four sons equally.  The applicant argued that his mom had been unduly influenced by his brother,….

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Capacity Law, Contested wills

Videos and Wills: Helpful or Harmful?

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Pictured: A screen grab from the music video for “Only Acting” by Kero Kero Bonito. It’s one of my favourite songs. It’s not quite about video wills, but it does show off some of the challenges of recording oneself. What are Video Wills? Some practitioners have floated the idea of a “video will” as the next way in which technology will impact the world of trusts and estates. A “video….

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Capacity Law, Contested wills, Elder Law, Estate Planning, Family Conflict, Practice Management, Testamentary Capacity, Wills
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