Whether a decedent had sufficient testamentary capacity to make a will arises frequently in trusts and estates practice. Was the decedent of "sound mind" with the necessary mental ability to ...

The creator and signer of a Will is known as a testator. Testamentary capacity, therefore, is the ability of the testator to knowingly sign his or her Will. There are numerous ailments that may result ...

Howard Smith considers how the concept of testamentary capacity has evolved over time, including the impact of the Mental Capacity Act and the importance of the 'golden rule' The familiar common law ...

A recent High Court judgment in a bitterly contested probate dispute gives fresh insight into the approach of the court when evaluating the reason for a change in a will where the question of ...

Julia Kagan is a financial/consumer journalist and former senior editor, personal finance, of Investopedia. Ebony Howard is a certified public accountant and a QuickBooks ProAdvisor tax expert. She ...

Farming Legal Advice: Mental illness does not preclude the capacity to make a will In order to make a valid will, the person making the Will must be of sound disposing mind. Adults are presumed to ...

The Supreme Court of British Columbia has invalidated a will of a deceased woman due to the presence of suspicious circumstances surrounding its execution. In Jung Estate v Jung Estate, 2022 BCSC 1298 ...