Tag: Capacity

How to Protect the Elderly from Will Revocation Upon Predatory Marriage.

With the population in Ontario aging rapidly and predatory marriages on the rise, the Ontario government is concerned for elderly persons that are being approached by financial predators, whose exclusive motivation for entering into a relationship with the elderly person...

By Merovitz Potechin on Tuesday September 8, 2020.

Can You Execute Your Will in Ontario by Blinking?

A decision in the Texas court of appeal has raised some interesting discussions regarding the execution of wills. In Estate of Luce, the Texas court of appeal found that even though the testator drafted his will only by blinking, the...

By Yasmin M. Vinograd of Merovitz Potechin LLP on Tuesday November 5, 2019.

Predatory Marriages: The Growing Trend in Ontario

Elderly persons are living longer and as a result, a new litigation concern for the aging population has emerged: predatory marriages. Impacting wills and estates, and creating an emotionally stressful situation for family members, predatory marriages are a difficult situation...

By Merovitz Potechin on Friday October 11, 2019.

Incapacity is Not Synonymous with Dementia

What is Capacity? A drafting wills lawyer is tasked with the role of carrying out a legal assessment of their client's capacity to make a will. In Ontario, to have capacity to make a will, one must have the ability...

By Merovitz Potechin on Thursday March 21, 2019.