What is the test for loss of testamentary capacity in an advanced age?

Alberta, Canada


The following excerpt is from Petrowski v. Petrowski Estate, 2009 ABQB 196 (CanLII):

Precisely because persons of advanced years are not as “sharp” as they were when they were younger, the court must be very careful not to presume loss of testamentary capacity simply because they are more frail. Once testamentary capacity has been proven prima facie, as it is in this case, we turn to whether or not there are suspicious circumstances. However, we must not substitute mere suspicion for proof of suspicious circumstances. This principle is described rather aptly as follows: The eye may grow dim, the ear may lose its acute sense, and even the tongue may falter at names and objects it attempts to describe, yet the testamentary capacity be ample: Laramie v. Ferron, (1909) 1909 CanLII 50 (SCC), 41 S.C.R. 391 at page 409.

Other Questions


What is the test for a testamentary capacity in a Will? (Alberta, Canada)
What is the test for a physician to determine whether a person has a testamentary capacity? (Alberta, Canada)
What is the burden of proof of testamentary capacity under a Will? (Alberta, Canada)
Does a testamentary capacity exist? (Alberta, Canada)
What is the test for a testamentary capacity? (Alberta, Canada)
Can a party argue that a response to an undertaking has materially advanced the action? (Alberta, Canada)
Is expert evidence required in a claim for loss of income earning capacity? (Alberta, Canada)
Can a homemaker claim damages for loss of capacity? (Alberta, Canada)
What is the capacity of a corporation to maintain an action? (Alberta, Canada)
Is loss of homemaking capacity a separate non-pecuniary loss from the award for pain, suffering and loss of enjoyment and amenities of life? (Alberta, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.