Wills

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Dementia does not Preclude Testamentary Capacity

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Unhappy beneficiaries often challenge the validity of a loved one’s will on the grounds that the testator lacked the capacity to execute a will. Applicants use evidence of the testator’s dementia or Alzheimer’s disease (and other mental disorders) to establish that the testator lacked capacity to execute a will. However, it is important to keep in mind that capacity is time specific. A diagnosis of dementia or Alzheimer’s disease, for….

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Capacity Law, Elder Law, Estate Litigation, Estate Planning, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Succession Planning, Testamentary Capacity, Wills

Limited Retainers, Lawyer Liability and Limitation Periods

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The recent Court of Appeal (“ONCA”) decision of Meehan v. Good, 2017 ONCA 103 (“Meehan”), reminds lawyers that the duty of care owed to their clients is extensive, and may operate beyond a limited-scope retainer. In Meehan, the plaintiffs, Michael and Anne Meehan, brought a claim against their lawyer, John Cardill, who they initially retained to pursue an assessment of the accounts of their previous counsel. The Meehans sued Mr…..

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Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Liability, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity, Undue influence, Wills

Testamentary Letter of Wishes- Part 2

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In my last blog post of January 27, 2017, I discussed testamentary letters of wishes and some of the benefits and potential pitfalls of their use. For the purposes of the post, I limited the discussion to testamentary letters of wishes which are designed to convey a testator’s wishes and desires regarding the disposition of personal items after the testator’s death. This post continues the discussion. Another “pitfall” of letters….

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Estate Planning, Wills

And the Oscar goes to………..

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This Blog was written by : Natalie Rouse   The 2017 Oscars are just around the corner and last year’s drama “Manchester By the Sea”, starring Casey Affleck and Michelle Williams, is sitting pretty. It has been nominated for a whopping 6 awards. It also recently won the Golden Globe for Best Actor, and was nominated in 4 other categories. The movie tells the story of Joe, who is a….

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Estate Planning, Guardianship, Uncategorized, Wills

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

Appeal Court: Fraudulent Concealment Stopped the Clock

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I previously blogged about Roulston v McKenny et al, 2016 ONSC 2377, as a classic example of chutzpah. The deceased’s ex-wife had a claim against his estate if a life insurance policy lapsed. Even though the estate trustee knew that the policy had lapsed, she withheld this information from the ex-wife – and then argued the ex-wife’s claim was brought out of time. The application judge found that the ex-wife’s….

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Estate Litigation, Wills
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