September 29, 2013

Rationalizing and Harmonization of BC Common-Law Tests of Capacity

It is basic law that mental disability or illness does not, in and of itself, leave a person incapable under the law to carry out transactions, enter into relationships, or manage his or her affairs. The law’s focus is on the degree of mental disability or illness. If a person’s Read more…

March 3, 2013

Financial Abuse of Seniors

Overview On March 26, 2013, CCEL Senior Fellow Laura Tamblyn Watts participated in a National Meeting on Financial Abuse organized by the International Federation on Ageing and held in Toronto.  The full day meeting included stakeholders from the financial sector, government officials, and individuals and organizations with expertise in the Read more…

October 1, 2011

Project on Potential Undue Influence: Recommended Practices for Wills Practitioners (2011)

This project developed a set of recommended practices for will drafters to follow to ensure that the wills they prepare represent the genuine independent wishes of their clients and are insulated against challenge on the basis of undue influence.  The impetus for this project was the enactment of section 52 Read more…

October 1, 2010

Probate Rules

Probate Rules concerns reform of the rules of court relating to probate and administration of estates in British Columbia. This project was a necessary sequel to the Succession Law Reform Project which BCLI completed in 2006. It was intended in part to implement procedural recommendations made in the Final Report Read more…

December 12, 2008

Consideration of Testamentary Capacity in the British Columbia Succession Law Reform Project

This short paper by Gregory G. Blue describes an interdisciplinary debate on possible reform and statutory codification of the classic principles surrounding testamentary capacity as enunciated in Banks v Goodfellow.  The debate in question took place in the course of the British Columbia Law Institute’s Succession Law Reform Project, an Read more…