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…
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?…