Proving Mental Capacity To Make A Will

In order to make a valid will, the will-maker must have mental capacity. Although medical evidence is important to determine whether the will-maker had mental capacity, the decision is a legal one and the courts often favour the evidence of friends and family over medical evidence.

With the increase in dementia as our population ages, the determination of whether a will-maker had the mental capacity to make a will is a very important issue in many estate disputes.

How To Identify Cases of Lack of Mental Capacity

The reality of cases where the will-maker's mental capacity is in dispute is that they require a thorough investigation of the deceased's personal life.

What we do at Darychuk Law is the homework to provide an accurate picture of the will-maker's situation at the time of signing the will. We do this by interviewing close family and friends, reviewing medical information and if necessary, retaining experts to provide opinions as the will-maker's mental abilities.

Arrange a Meeting to Learn More

We serve New Westminster, as well as Port Coquitlam, Coquitlam and Port Moody, B.C. Call 604-464-2644 and arrange a free consultation or send us an email using our online form.