Understanding the legal test for capacity is important when drafting a will for a client, when attacking a will based on the testator’s incapacity, or when defending a will that is being attacked based on the testator’s incapacity. This presentation explores the requirements to establish testamentary capacity and analyzes key case law where capacity was at issue.

This on-demand program was originally presented as an in-person program on March 9, 2023 as part of our Practice Foundations: Wills program as part of our Practice Foundations series.

The total running time is approximately 29 minutes.

To view all presentations from Practice Foundations: Wills, click here.

Chairs

Doris Bonora KC, Dentons Canada LLP

Rhonda Johnson, Dentons Canada LLP

Presenters

Barbara J. Kimmitt KC, Bennett Jones LLP 

Barbara J. Stratton KC, Bennett Jones LLP