Looking at cases from across Canada, with an emphasis on Alberta case law and legislation, this presentation provides an overview of decisional capacity. This on-demand program was originally presented as an in-person session on May 1, 2022, as part of LESA’s Refresher 2022: Wills and Estates. Total running time is 46 minutes.

Explore in-depth issues relating to wills, estate planning, estate administration, and estate litigation. This on-demand program was originally presented as an in-person program from April 30 to May 2, 2022. Each presentation in this program is available for individual purchase.

Explore in-depth issues relating to estate planning and estate administration. This on-demand program was originally presented as an in-person program on April 29, 2022. Total running time for each presentation is approximately 45 minutes. Each presentation in this program is available for individual purchase.

Learn the law governing attacks based on suggestions of capacity and undue influence. Devise techniques for assessing and addressing scenarios such as transfer of a house when the house comprises the largest asset, last-minute wills favouring one child over other siblings, and more. This on-demand program was originally presented as an in-person program in March 2017.

In this presentation, Kimberly Whaley discusses the nature and origin of the law of undue influence within the context of testamentary planning and inter vivos gifts. This on-demand program was originally presented as an in-person program in March 2017.

Acting for clients who appear to suffer from diminished mental capacity can raise complex ethical issues for lawyers. Looking at cases from across Canada, with an emphasis on Alberta case law and legislation, this paper provides an overview of decisional capacity. It also addresses decisional capacity issues arising in the wills, estates, and elder law context. This paper is part of a collection presented at LESA’s 2022 Refresher: Wills and Estates program in Banff on April 29-May 2, 2022.

This paper focuses on the doctrine of undue influence. The historical context of undue influence is reviewed, including the courts’ view of the doctrine. As well, the nature and origin of undue influence in both testamentary and inter vivos gift situations are discussed, including the burden and standard of proof, indicators, and evidence of undue influence, as well as suspicious circumstances. The latter part of the paper surveys recent case law in Alberta and across Canada related to undue influence. An undue influence checklist is included as an appendix. This paper is part of a collection presented at LESA’s Capacity and Influence program held in Edmonton on March 1, 2017 and in Calgary on March 8, 2017.