The Value of a Capacity Assessment

In preparing a will for an elderly person, a capacity assessment is a prudent consideration to ensure that the legal requirements of a valid will are met. However, an assessment can also cut short will challenges. Evidence of capacity by a qualified assessor has been determined by the Superior Court of Ontario to be sufficient grounds for summary judgment (ie. dismissal without a trial) ending a court will challenge, at least that part alleging lack of capacity. It may therefore be a good idea to consider an assessment not only when the age or medical condition of a testator may influence her capacity, but where family dynamics increase the likelihood of a will challenge.

Read the case: Quinlan v. Caron

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