Topic
Mental Capacity
99 published works
Canadian Lawyer Mag
Suspicious circumstances negate presumption of capacity to revise will: N.S. Court of Appeal
Evidence of mental illness raised questions about validity of revised will
Canadian Lawyer Mag
Nunavut Review Board lacks jurisdiction to compel out-of-territory hospitals to admit NCR accused
Territory's NCR accused are left to rely on 'kindness of strangers,' says lawyer
UK Human Rights Blog
Capacity to engage in sexual relations: the relevance of the partner’s consent
A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (Appellant) – UKSC 2020/0133 Court of Appeal (Civil Division) The Supreme Court has upheld the Court of…
Property Insurance Coverage Law Blog
Is Mental Incapacity Defense Available to Insureds to Defeat the Intentional-Loss Exclusion?
In a matter of first impression, the Supreme Court of Kentucky recently held that a mental incapacity defense was available to insureds to defeat the intentional-loss exclusion in an insurance…
The Fiduciary Litigator
Court Properly Admitted A Will To Probate Where The Evidence Did Not Establish Mental Incompetence Or Undue Influence As A Matter Of Law
In Neal v. Neal, the decedent died leaving three sons. No. 01-19-00427-CV, 2021 Tex. App. LEXIS 2051 (Tex. App.—Houston [1st Dist.] March 18, 2021, no pet. history). She had several…
Bench & Bar of Minnesota
MSBA President Dyan Ebert, in consultation with the MSBA Fair Response Committee, has issued this statement on the Minnnesota Supreme Court's decision in State of MN v. Khalil
By Minnesota State Bar Association
“The proper role of the judiciary is one of interpreting and applying the law, not making it.” Former Supreme Court Justice Sandra Day O’Connor On March 24, 2021, the Minnesota…
Wills, Trusts & Estates Prof Blog
Walt Disney’s grandson heir demands ‘biased’ California judge is fired for denying his $200 million inheritance and falsely claiming he has Down syndrome
Walt Disney's grandson has alleged that a California judge wrongly denied him his $200 million inheritance by falsely claiming he has Down syndrome. Walt Disney's grandson has been involved in…
Health Law Prof Blog
Neuroscience and Mental Competency: Current Uses and Future Potential
John B. Meixner (Northwestern University), Neuroscience and Mental Competency: Current Uses and Future Potential, 81 Albany L. Rev. 995 (2020):One major conundrum in the field of law and neuroscience is…
Health Law Prof Blog
Elder Financial Abuse: Capacity Law and Economics
Ben Chen (The University of Sydney), Elder Financial Abuse: Capacity Law and Economics, Cornell L. Rev. 106 (2020):Elder financial abuse is an alarming problem in this era of aging population.…
UK Human Rights Blog
Latest Law Pod UK Episode: Court of Protection Deputyship Orders
In the Matters of ACC, JDJ and HPP [2020] EWCOP 9 In her judgment of 27th February 2020 Hilder J laid down certain rules regarding what a property and affairs…