This paper focuses on challenging wealth transfers due to a lack of capacity, addressed through the lens of a litigator in Alberta. The paper reviews certain key elements of attacks on testamentary gifts or inter vivos gifts from a capacity perspective, with references to key Alberta case law. In addition, select sections of the Wills and Succession Act are discussed in the context of potential capacity issues that may arise from that legislation.

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.