Does a will-maker have testamentary capacity?
British Columbia, Canada
The following excerpt is from Peterson v Welwood, 2018 BCSC 1379 (CanLII):
The assessment of whether a will-maker possesses testamentary capacity is a highly individualized inquiry and is a question of fact to be determined in all the circumstances: James v. Field, 2001 BCCA 267 at para. 51; Laszlo at para. 197.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test to determine testamentary capacity? (British Columbia, Canada)
What is the test for establishing that the knowledge and approval or approval or testamentary capacity of an individual is valid? (British Columbia, Canada)
In the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity? (British Columbia, Canada)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (British Columbia, Canada)
What is the difference between a loss of housekeeping capacity and loss of personal capacity? (British Columbia, Canada)
Does a testator have the requisite testamentary capacity to execute a will? (British Columbia, Canada)
What is the test for determining whether a plaintiff has impaired their earnings capacity or capital asset capacity? (British Columbia, Canada)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (British Columbia, Canada)
What is the test for a testamentary capacity of a man who is not a "raving madman or drivelling idiot"? (British Columbia, Canada)
What is the burden of proving that a party to a will has a valid testamentary capacity? (British Columbia, Canada)
