All posts in the ‘Legal Capacity’ category

BCLI Publishes Consultation Paper on Common-Law Tests of Capacity

The British Columbia Law Institute recently released its Consultation Paper on the common-law tests of capacity. The committee behind the Consultation Paper studied and made tentative recommendations related to nine common-law tests of capacity. The areas reviewed were the test of capacity to: make a will; make an inter vivos trust; make a beneficiary designation;… View this post »

Dispute over Burial Rights delays Sherman Hemsley from “movin on up”

Actor Sherman Hemsley from the hit 70’s television show, “The Jeffersons”, passed away on July 24, 2012. However, he was not buried until November 21, 2012 because of a dispute over his estate. Hemsley created his will a mere 6 weeks before he passed away from lung cancer. In his will, he left his entire… View this post »

Settlement of Wills Variation Claims Involving Minors

Under the Wills Variation Act of BC, a spouse or child of a deceased may apply to the Court to vary the deceased’s Will if the Will does not make adequate provision for the proper maintenance and support of the spouse or child. In some cases, adult beneficiaries and adult challenger(s) of the Will may… View this post »