All posts in the ‘Undue Influence’ category

High Stakes Estate Litigation

The $300 million estate of a woman whose father helped build Las Vegas is proceeding to a trial in New York.  The Court will be asked whether either of the last two Wills signed by Huguette Clark is valid. According to a recent article, Ms. Clark’s “distant relatives” were the primary beneficiaries under her next-to-last… View this post »

Can a B.C. Court Compel a Capacity Examination?

Sometimes our courts will step in to address a gap in legislation using various time honoured principles such as “inherent jurisdiction” or parens patriae jurisdiction. This blog addresses the latter by reason of it being dealt with in a recent decision in the context of a request for a court ordered mental capacity examination. Black’s… View this post »