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…
Do’s and Don’ts of Adding Beneficiaries to a Will
A recent legal challenge, in the British Columbia Supreme Court case of Becker v. Becker, 2016 BCSC 487, was brought to settle an elderly woman’s estate. This…
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?…
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…