Testamentary Capacity

Total 45 Posts

No Right to Compel a Will be Proven in Solemn Form

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My colleague Gillian Fournie wrote a comprehensive post regarding the Court of Appeal for Ontario’s decision in Neuberger v. York, 2016 ONCA 191. Gillian focused on the Court’s decision that the equitable doctrine of estoppel could not be used as a defence to a will challenge. I thought it might be helpful to expand upon the Court’s other finding in obiter dicta: that there is no automatic right for a….

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Contested wills, Estate Administration and Probate Applications, Estate Litigation, Testamentary Capacity, Undue influence, Wills

Gifting and Incapacity – A Cautionary Tale

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Parents are living longer and gifting money to their children before they die or by way of a last minute will. Distrust and disbelieve inevitably arise. The courts are called upon more and more to settle family disputes with all of the attendant rancor and costs. The case of Foley v. McIntyre helps sorts out some of the legal issues. ….

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Estate Litigation, Estate Planning, Joint Tenancy, Succession Planning, Testamentary Capacity

Testamentary Capacity and Lewy Body Dementia

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Today’s blog was written by guest blogger Dr. Richard Shulman. Dr. Shulman is a Geriatric  Psychiatrist, and is the Service Medical Director for Seniors Mental Health Services at Trillium Health Partners (Mississauga Hospital, Credit Valley Hospital and Queensway Health Centre). He is available for independent medical-legal capacity assessments. He is an assistant professor at the University of Toronto. It was my pleasure to have participated in the recent 18th annual Estates and Trusts….

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Geriatric Care Management, In the News, Testamentary Capacity
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