The Will Search
When a person dies, a will search is one of the first things to do. It is important to find out whether or not the deceased had a will registered in the…
What is Curatorship?
So, what is Curatorship? Sadly, one day you could notice that your family member becomes incapable of taking care of himself with loss of autonomy associated with aging and physical disabilities.…
ANNUL A WILL FOR UNDUE INFLUENCE: EVIDENCE YOU NEED
Undue influence (captation), as you may know, is a reason to annul a Will. This means that the singing person was not really making a free and informed choice. In other…
POWER OF ATTORNEY AND A MANDATE: WHAT ARE THE DIFFERENCES ?
Power of attorney A power of attorney is a contract in which a person (mandator) authorizes another person (mandatary) to represent and perform certain act on his behalf. For example, you might want…
GOOD EVIDENCE TO CONTEST A WILL
Say, you want to contest a will and you need some proof. What are the good proofs? A bad argument is often worse than no argument, because it irritates a judge…
WHAT IS UNDUE INFLUENCE (CAPTATION) AND HOW HARD IT IS TO PROVE IT?
You are sure that the will “smells bad” and yet the testator was in his sound mind? Then the question is usually if the testator’s consent to change his Will was free…
CAPACITY TO TESTATE: WHAT MOMENT OF TIME IS IMPORTANT?
Capacity to testate often becomes a reason to contest a Will. In Laroque c Gagnon (2016 QCCA 1237) the Court of Appeal has looked into the case where the person signed a Will,…
WHAT SHOULD YOU PREPARE TO PROBATE A MANDATE IN CASE OF INCAPACITY?
You want to probate a mandate in case of incapacity (now called a “protection mandate“)? The mandator’s mental stalility is probably already changed, most probably. Likewise, same might be true about the…
ACCESS MEDICAL FILES TO CONTEST A WILL
Access to medical files to contest a Will is a serious question. A disinherited person often contests the will for undue influence and incapacity of the deceased. In addition, a contesting person…
CAN A CORRECT WILL BE INVALID? YES, IT CAN
Invalid will A formally correct Will can be still an invalid and vice versa. This is why the Court of Appeal did remind in Nazzari c Nazzari, 2016 QCCA 1334: improbation…
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