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  • Our Team
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    • Ian Giroday
    • Berta Lopera
    • Dylan Segal
    • Austin DeBrincat
    • Danielle Carman
    • Lauryn Wray
  • Resources
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Hobbs Giroday Podcast Episode 12

In this episode David explains mental capacity, and Ian explains the grounds for attacking the validity of a will.

Hobbs Giroday Podcast featuring David Hobbs and Ian Giroday

What is lack of mental capacity? What are grounds for attacking the validity of a will?

With David Hobbs and Ian Giroday.  In this episode David explains mental capacity, and Ian explains the grounds for attacking the validity of a will.

https://media.blubrry.com/hobbsgiroday/p/content.blubrry.com/hobbsgiroday/hobbs-giroday-podcasts-ep12.mp3

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Show Notes Episode 12:

David Hobbs, Mental Capacity

  • Mental capacity is our ability to understand what we’re doing and the nature of our actions.
  • When a person makes a will, usually with a lawyer or notary public:
    • The lawyer or notary have a duty to assess the mental capacity of the will maker;
    • They often already know the person well; and
    • If they don’t, they should ask questions to determine if the person knows where they are, what time of day it is, and basic things a person should understand.
  • More specifically with a will, the person needs to:
    • Understand what a will is;
    • Understand what a will does;
    • Know what their assets are; and
    • Identify those expected to benefit from the estate (immediate family etc).
  • Medical practitioners may also be asked for an opinion on mental capacity.
  • It’s not a high standard, just sufficient to understand the nature of your actions.
  • Consequence of lack of mental capacity is the will is invalid.

Ian Giroday, on the grounds for attacking the validity of a will

  • Some grounds on which the validity of a will can be attacked:
    • Formal requirement not met;
    • The will must be in writing;
    • Signed by the will maker and witnessed by 2 people;
    • Formal requirements have changed under WESA;
    • Mental capacity (as detailed by David); and
    • The will was procured by undue influence.

Contact us if you require legal assistance:

Tel: (604) 669-6609
Toll Free: 1 (844) 568-1004

email info@hobbsgiroday.com

 

 

 

Category: Articles, Estate, Podcast, WESA

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