Disclosure of Vancouver Estate Lawyer’s Privileged File Ordered
Property disputes and will challenges are often centred around determining the intention of a person who is now deceased or who has become incapacitated due to a…
Court Affirms Test for Testamentary Capacity in BC Will Challenge
In a 2017 BC will challenge, the court affirmed testamentary capacity is not the same thing as the capacity to manage one’s property or the capacity to…
Testamentary Capacity: Challenging a Will Made by a Person with Dementia
Issues of testamentary capacity frequently arise when a new will is made under ostensibly suspicious circumstances: late in a will-maker’s life, while in the throes of dementia,…
Predatory Marriage in BC Set Aside Due to Incapacity
The landmark decision in Devore-Thompson v. Poulain, 2017 BCSC 1289 represents the first reported case where the Supreme Court of BC declared a marriage void due to lack…
Dementia and Mental Capacity to Leave Estate to Caregiver
Can family members argue that an elderly relative with dementia lacked the mental capacity to change his will to make his younger female caregiver the only beneficiary?…