Dementia Raises Suspicion that Late-in-Life Will Not Valid
A late-in-life Will that disinherits certain children. Dementia and cognitive decline of the will-maker. Secrecy surrounding preparation of the new will. All of this led to a…
Court Clarifies Costs of Estate Litigation in Complex Family Dispute
This Vancouver estate litigation between siblings over their father’s estate—and the costs of the estate litigation itself—lasted nearly a decade. The BC Court of Appeal’s ruling in…
Medical Examination Ordered After Alleged Victim of Elder Abuse Denies Incapacity
We are often contacted by concerned family members wanting to step in to help an elderly person whom they suspect is being abused. However, bringing litigation on…
Family of BC Senior with Dementia Sues Alleged Financial Predator
Predatory marriage is a form of elder abuse that is on the rise. In addition to being conned into marriage by opportunistic predators, vulnerable seniors are taken…
BC Committeeship: Court-Appointed Decision-Maker for Adult who Lacks Capacity
The BC population is aging, and dementia, Alzheimer’s disease, and related disorders are on the rise. Over the years, our BC estate litigation team has written extensively…
BC Family Law: What if a Spouse Lacks Capacity to Understand Consequences of Marriage?
Marriage is a contract. If one or both parties lacked the mental capacity to understand the nature of the marriage contract and the legal consequences flowing from…
Were Elderly Man’s Marriage and Will the Products of Undue Influence by his Caregiver?
In an earlier post, we discussed Ross-Scott v. Potvin, 2014 BCSC 435, a case in which the only living relatives of the deceased challenged what they viewed…
BC Estate Litigation Challenges Elderly Man’s Capacity to Marry His Caregiver
Can an elderly, reclusive man suffering from cognitive decline due to dementia have the capacity to marry his caregiver? That was the question to be decided in…
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…