All About Estates

Jasmine Sweatman

Total 53 Posts

Barriers to Communication Masked as Symptoms of Incapacity – A Reminder

Last week, in my blog entitled “Red Flags of Incapacity”, I mentioned that certain barriers and physical changes associated with aging can be mistaken for signs of incapacity. As professionals, we need to be able to separate these from actual signs of incapacity, and work to reduce or eliminate their…

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Discovery of an attorney for property’s action in a will contest case

Are your actions as attorney for property relevant and therefore discoverable in a will challenge case?

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Presumption of Capacity and Duty of a Solicitor

A person who is over the age of 18 is presumed to be capable of entering into a contract, and the rest of the world is entitled to rely upon this presumption unless they have reasonable grounds to believe otherwise. However, the court in England was recently asked the question of whether a solicitor dealing with an elderly person had “no reasonable grounds to suspect incapacity”; to prove the negative and to set a standard with respect to the issue of contemporaneous notes.

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