Testamentary Capacity

Total 45 Posts

POA for Property: A Marriage Sometimes Not Made in Heaven!

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In my ALLABOUTESTATES blogs, I have been writing about unanticipated consequences of appointing a power of attorney (POA) for property as per the Ontario Substitute Decisions Act[i] (SDA). Despite the apparent benefits for seniors to have a POA for property, nonetheless unanticipated problems include; Mistaken assumptions by both grantors and appointed attorneys that a signed POA for property that is effective immediately is supposedly “only a backup plan” for declared….

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Capacity Law, Elder Law, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity

Will Challenges and the Well – Acquainted Lawyer

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Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin. A recent case of the Court of Appeal for Saskatchewan has emphasized the significance of first, the relationship between a testator and his or her lawyer and second, the experience and tenure of such lawyer in assessing testamentary capacity and by extension, in determining the validity of a will. Bachman v. Scheidt, 2016 SKCA 150 Bachman v. Scheidt….

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Contested wills, Credibility, Estate Planning, Family Conflict, Testamentary Capacity, Undue influence, Wills

Robots are Judging You

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The legal test for testamentary capacity is well-established in Ontario. In making a determination of whether or not an individual had the capacity to make a will, the evidence of a certified capacity assessor is often given great deal of weight. However, scientific developments have led to a new type of assessor of a person’s mental health. Meet Ludwig, an artificially intelligent robot who was created to track and monitor signs of Alzheimer’s disease or dementia…..

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Capacity Law, Elder Care, Elder Law, Testamentary Capacity, Wills

Deceased’s Will So Hateful it is Suspicious

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When WW finally received a copy of her father’s will, after more than a year of chasing her father’s second wife to produce it, she read these words: I have equally considered my two children and leave them absolutely nothing. [WW] is entirely without morality and who ‘did not know’ if she could tell the truth in a Court. She is less a person than her mother. G-d help anyone….

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Contested wills, Estate Litigation, Family Conflict, Testamentary Capacity, Undue influence, Wills

Sumner and National Amusements

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In a number of previous Blogs, there have been references to famous families feuding over estates. This Blog is about a similar story except that the subject, Sumner Redstone, is still alive at 92 years of age. For those who don’t know, Sumner Redstone is a media mogul. He currently owns the majority interest in Viacom and CBS Corporation (through National Amusements Inc.), estimated to be worth around $5 billion…..

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Capacity Law, Estate Planning, Family Conflict, Powers Of Attorney and Guardianship Disputes, Succession Planning, Testamentary Capacity, Undue influence

Costly Cottage Dispute – $403,174.85 in Legal Costs Sought in Dispute Over $300,000 Cottage

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At long last, cottage season is upon us. As I gaze longingly out my window at the construction of what looks like an awesome rooftop patio in the making, I thought it would be fitting to write about a cottage dispute.[1] A really, really expensive cottage dispute. The background was as follows. The mother, Grace, made a will in 2010 leaving her condo to her daughter Barbara and her cottage….

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Capacity Law, Costs, Cottage, Estate Litigation, Family Conflict, Property, Real Estate, Testamentary Capacity, Wills
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