No new wills after testamentary capacity lost

Posted on: December 15th, 2018 by Suzanne Deliscar Add A Comment

Family members create problems for themselves when they encourage a person to sign a new will after they’ve lost testamentary capacity, Brampton lawyer-linguist Suzanne Deliscar tells AdvocateDaily.com.

Ontario’s Court of Appeal recently upheld a trial judge’s decision to invalidate two wills made by a successful businessman within months of his diagnosis of brain cancer following a seizure.

The unanimous appeal court panel found the judge made no errors when ruling the man had lost testamentary capacity when he signed the new wills, which disinherited his daughter, his only child.

“No one is helped when you have someone sign documents when they’ve clearly lost capacity,” says Deliscar, principal of Deliscar Professional Corporation, a law firm that offers services in English, French and Spanish. “People struggle with this idea, but once someone has lost capacity, they can’t execute any more documents. It’s too late.”

Still, she says beneficiaries who want to challenge a will for any reason need to back up their claims with evidence.

“People think it’s easy to challenge a will, but you really do need to have proof. You can’t just say you believe the testator lacked capacity, was unduly influenced or there was some other problem with the execution if it can’t be supported by evidence,” Deliscar explains.

This post continues at https://www.advocatedaily.com/suzanne-deliscar-no-new-wills-after-testamentary-capacity-lost.html

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