A will and a way Jul 30, 2008
Testamentary capacity may be lacking because of mental illness; commonly Alzheimer's disease or other forms of dementia. But the issue also arises where a testator is terminally ill and heavily dosed with painkillers. (BBC News -- UK)
Wills Variation Claims in BC Mar 6, 2008
However, in cases of conflict between these two purposes, testamentary capacity has to yield to an adequate, just, and equitable provision. If the court finds that such a provision has not been made by the will, it is bound by the Act to vary the will to the extent necessary to rectify the inequity. (Suite101.com)
Morrisseau medal on hold pending legal ruling Mar 6, 2008
Four of Morrisseau's adult children - Christian, Eugene and David Morrisseau and Victoria Kakekagumick - are contesting Morrisseau's will, which, they claim, is in the possession of Vadas and names him "the executor and sole beneficiary of the deceased's estate." In a caveat filed on Dec. 12 in the British Columbia Supreme Court, the four argue that the will should not be granted probate because of what they claim was Morrisseau's "lack of testamentary capacity, lack of approval or knowledge of... (Globe and Mail -- Entertainment)
Family loses 10m will challenge Dec 8, 2007
He ruled that Mrs Bechal, although suffering from dementia at the time, had "testamentary capacity", and was well enough to have "known" and "approved" of the contents of the wills. Bookmark with. (BBC News -- UK)
Chinese food Nov 29, 2007
She made her will while suffering from serious dementia and she "lacked testamentary capacity", they say. The family is asking judge Sir Donald Rattee QC to declare the documents invalid, which would allow them to inherit her fortune, as her next of kin. (Guardian Unlimited)
Tories lose court battle over 10m donor who imagined satanic plot Oct 17, 2007
Mr Justice Henderson told Court 60 that Mr Kostic lacked testamentary capacity when he cut his son from the will. His natural affection for Zoran had been poisoned or distorted by his delusions. (Times Online)
Tories lose £8m bequest fight Oct 15, 2007
Belgrade-born millionaire Branislav Kostic lacked "testamentary capacity" when he cancelled an earlier will in which he had left everything to his son, Zoran, his only child, in favour of a 8. 2m bequest to the Conservative party, the judge said. (Guardian Unlimited -- UK)
Tories contest 'deluded' 8m donator claim Jul 18, 2007
Zoran says that when his father made later wills in favour of the Tories, he lacked "testamentary capacity" because of his delusional and paranoid mental illness. But lawyers for the Conservative Party Association say the old man's paranoid delusions did not poison his affections towards his son. (Telegraph.co.uk)
Questions raised about will as defense opens in larceny trial Mar 14, 2007
This ability is called testamentary capacity ... Johnson met with Matlis alone and determined that she met the three standards of testamentary capacity ... At that meeting, Johnson was unsure whether Matlis had testamentary capacity, he testified. (Journal Inquirer, CT)
Heirs sue over will changed day before Pa. widow's death Dec 10, 2006
"All of those people took an oath that she was mentally capable, and had the testamentary capacity to understand and to know what she was doing," Walker said. She described Grove as "alert" and "articulate" during the midday visit. (NEPA News, PA)
