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Will Disputes Due To Mental Capacity

A will is the basis upon which an individual’s financial assets are distributed upon his or her death. This document must therefore be an accurate depiction of the testator’s wishes and the testator must have had the mental capacity to create a will at the time it was drafted. Our Vancouver firm, Edward F. Macaulay Law Corp, provides legal advice and representation regarding will challenges on the basis of mental capacity.

Determining A Testator’s Capacity

An individual may revise his or her will at any point during his or her lifetime, including when a person is of advanced age. A court will look at evidence that indicates whether or not the individual had the capacity of mind to create a new will. A testator should, for example:

  • Understand the purpose of the will document
  • Know the size of his or her estate
  • Know the value of his or her assets

Each case of challenge on the basis of mental capacity is fact-specific. Meeting with a lawyer can help you to determine whether a legal challenge on the basis of mental capacity is possible in your situation.

Reliable Guidance In Will Disputes

Objective advice is necessary during any will contest claim. At Edward F. Macaulay Law Corp, we are committed to providing practical advice and solid legal guidance to our clients. Our role as advisers is to represent your interests by providing you with an objective and informed view of your case.

Obtain An Assessment Of Your Will Dispute

To meet with our lawyer in Vancouver regarding mental capacity disputes, situations of undue influence or other estate litigation issues, contact our office. Call us locally at 604-259-2896 or toll free at 800-401-4983.