JD Supra

From Execution to Distribution: Lessons from the BC Court of Appeal on Will Validity and Vesting

Two recent decisions from the British Columbia Court of Appeal, Kroeger v. Bush Estate, 2026 BCCA 16, and Lewis v. Jack, 2026 BCCA 18, provide ...
JD Supra

How to Contest a Will: The Basics

The validity of a will is formally challenged in what is known as a caveat proceeding. A caveat proceeding is effectively a type of lawsuit ...
Law

The Estate Planning Attorney's Role in Establishing Testamentary Capacity

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 Lufkin Daily News

ASK THE LAWYER: Signatory must show testamentary capacity for new will to be valid

DEAR JEFF: I took my father to an attorney’s office to have a new will drawn up. They refused to let him sign because they said he didn’t have “testamentary capacity.” What does this mean? Don’t they ...
The National Law Review

Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
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8 things every testator should know about testamentary trusts

A testamentary trust, sometimes referred to as a mortis causa or will trust, is one of the most effective and widely used estate planning tools in South Africa. Created through a stipulation in the ...