Category: Capacity to Marry
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BC Family Law: What if a Spouse Lacks Capacity to Understand Consequences of Marriage?
In BC, marriage is a contract, so a person must have the mental capacity to understand its nature and consequences. If one party lacked that capacity, a court can annul the marriage, treating it as never valid. Setting a marriage aside for lack of capacity is difficult and carries a heavy burden. Marriage is a […]
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 as a predatory marriage between their elderly uncle and his younger caregiver. The uncle, Mr. Groves, was 77 years old when he married his 56-year-old caregiver, Ms. Potvin, […]
BC Estate Litigation Challenges Elderly Man’s Capacity to Marry His Caregiver
In BC, marriage is a contract, so a person must have capacity to marry: they must freely choose it and understand its obligations. Capacity to marry is a relatively low threshold. In Ross-Scott v. Potvin, an elderly man with cognitive decline was still found capable of marrying his caregiver. Can an elderly, reclusive man suffering […]