Lawyers who practice in the area of Wills and Estates frequently consider and examine the issue of capacity. Mostly, the issue arises with clients’ abilities – to make a Will, to make a gift, whether they were coaxed into taking a step (such as giving someone Power of Attorney) they would otherwise not likely have […]
Earlier this month, reasons for judgement were released in the case Yen Estate v. Chan. The deceased made his Will in 1973, and died in 2010. He is survived by three daughters. One other daughter predeceased, and her children challenged the Will. They argued that their grandfather did not have proper capacity when he signed […]
There are many reasons, to be sure, but more and more Wills are being challenged across the country. Here in B.C., we have Wills Variation legislation, as do some other provinces. Others do not, but it does not prevent challenges on other grounds, such as lack of capacity and undue influence. Two lawyers from the Toronto firm Hull […]
Reasons were released this week in a Committeeship case called Simons v. Simons. The patient, an elderly gentleman, was being cared for by a number of persons, including a son and a new wife. The son sought an Order that he be permitted to act as Committee over his father’s assets and his person, but the patient’s […]
Last month, the Supreme Court of B.C. released reasons for judgement in the case known as Wachter v. Carlson. It was in essence a follow-up to the judgement that the Court arrived at in the case last year. The case is worth looking at because it touches so many important areas of law that affect many […]