The question of whether will challenges fall under the standard two-year limitation period has long been a topic of consideration in lower courts[1]. Does the limitation clock start ticking at the date of death, upon discovering the existence of another will, or when there is knowledge of both the existence and content of another will? The Court of Appeal has finally spoken on the issue … well, sort of.
Occasionally, those hoping to demonstrate the capacity of a testator will film a video of the testator purporting to show that they were cognitively intact or that the will was a reflection of their independent and capable wishes. Unfortunately, the naïve interviewer makes the mistake of confusing the preservation of social graces…
What constitutes “insane delusions”? How may those delusions affect a testator’s ability to execute a valid will? Dr. Richard Shulman explores.
The capacity assessor’s notes confirmed that the testator had testamentary capacity but also raised the issue of undue influence. Summary judgment dismissed on the issue of undue influence