Suspicious Circumstances: Fluctuating Capacity of Testator
Issues of testamentary capacity and undue influence frequently arise when a new will is made under ostensibly suspicious circumstances: late in a testator’s life, while in the…
Dementia, Undue Influence and Testamentary Capacity
In Elder Estate v. Bradshaw, 2015 BCSC 1266, disinherited family members questioned the testamentary capacity of their elderly uncle who, while in the early stages of Alzheimer’s-related…
Rebutting the Presumption of Resulting Trust
Can a parent make a gift of property to some adult children but not others? Is mere suspicion that the transfer is “out of character” sufficient to…
Settling an estate: Denied a share of parent’s property
Your mother passes away and steps of settling the estate begin. You assumed that on her death you and your siblings would each get an equal share…
A Presumption of Undue influence Where one Party Can Dominate Another
The case of Longmuir v. Holland, 2000 BCCA 538 is a tale the presumption of undue influence and testamentary incapacity; and a dispute between two nieces of a widow…
Suspicious Circumstances Displace Presumption of Valid Will
Usually where the person making a will is shown to have properly executed the will, and to have reviewed it and understood it, the court will presume…
Undue Influence, Mental Illness, Trusts and Life Estates
This case raised issues of mental illness, trusts, life estates, and the presumption of undue influence. The case concerned the estates of Annie Sanofsky and her daughter,…