Family, Estates & Trusts 


Category: Capacity to Marry

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 it, the marriage can be annulled by the court, meaning that none of the legal consequences that typically flow from a marriage arise. The circumstances surrounding a marriage […]

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

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 Ross-Scott v. Potvin, 2014 BCSC 435. In that case, the man’s mental capacity was diminishing and he had moments of delusional thinking, but the evidence did not satisfy […]
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