What is Testamentary Capacity?
An issue that can arise in contentious Estate litigation disputes is whether or not a deceased person had the requisite capacity to make a valid will. This is especially significant in cases involving elderly or infirm Testators. The concept of whether a will-maker has the requisite capacity is called “Testamentary Capacity”. In a recent decision of the British Columbia Supreme …Read more →
Vancouver Lawyers What Makes A Will – Part 2
In Part 1 of this Vancouver Lawyers What Makes A Will series, we considered the requirements as set out in the Wills Estates and Succession Act with respect to how to make a valid will under s. 37. In the recent decision of Litke Estate (Re), 2017 BCSC 1079, the Honourable Mr. Justice N. Brown heard an application from a …Read more →
Vancouver Lawyers What Makes A Will – Part 1
It is an understatement to say that Wills are very important legal documents with significant ramifications. Wills give a legal voice to the wishes of the Deceased and are arguably the most important document with respect to estate planning and transfer of wealth. In many Estate litigation cases, much of the case turns on the validity of the will. …Read more →