Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin. A recent case of the Court of Appeal for Saskatchewan has emphasized the significance of first, the relationship between a testator and his or her lawyer and second, the experience and tenure of such lawyer in assessing testamentary…
Category: Testamentary Capacity
Total 38 Posts
Robots are Judging You
By Joanna Lindenberg •
September 13, 2016
The legal test for testamentary capacity is well-established in Ontario. In making a determination of whether or not an individual had the capacity to make a will, the evidence of a certified capacity assessor is often given great deal of weight. However, scientific developments have led to a new type of assessor of a person’s…
Deceased’s Will So Hateful it is Suspicious
By Angela Casey •
June 1, 2016
When WW finally received a copy of her father’s will, after more than a year of chasing her father’s second wife to produce it, she read these words: I have equally considered my two children and leave them absolutely nothing. [WW] is entirely without morality and who ‘did not know’…
Sumner and National Amusements
By Paul Fensom •
May 9, 2016
In a number of previous Blogs, there have been references to famous families feuding over estates. This Blog is about a similar story except that the subject, Sumner Redstone, is still alive at 92 years of age. For those who don’t know, Sumner Redstone is a media mogul. He currently…
Costly Cottage Dispute – $403,174.85 in Legal Costs Sought in Dispute Over $300,000 Cottage
By Angela Casey •
April 20, 2016
At long last, cottage season is upon us. As I gaze longingly out my window at the construction of what looks like an awesome rooftop patio in the making, I thought it would be fitting to write about a cottage dispute.[1] A really, really expensive cottage dispute. The background was…
No Right to Compel a Will be Proven in Solemn Form
By Jacob Kaufman •
March 30, 2016
My colleague Gillian Fournie wrote a comprehensive post regarding the Court of Appeal for Ontario’s decision in Neuberger v. York, 2016 ONCA 191. Gillian focused on the Court’s decision that the equitable doctrine of estoppel could not be used as a defence to a will challenge. I thought it might…
Gifting and Incapacity – A Cautionary Tale
By Justin de Vries •
October 30, 2015
Parents are living longer and gifting money to their children before they die or by way of a last minute will. Distrust and disbelieve inevitably arise. The courts are called upon more and more to settle family disputes with all of the attendant rancor and costs. The case of Foley v. McIntyre helps sorts out some of the legal issues.
Testamentary Capacity and Lewy Body Dementia
By Dr. Ken Shulman •
October 21, 2015
Today’s blog was written by guest blogger Dr. Richard Shulman. Dr. Shulman is a Geriatric Psychiatrist, and is the Service Medical Director for Seniors Mental Health Services at Trillium Health Partners (Mississauga Hospital, Credit Valley Hospital and Queensway Health Centre). He is available for independent medical-legal capacity assessments. He is an…