capacity

In recent years, an aging population and the rise of non-traditional marriages have become issues that are increasingly relevant to estate planning considerations in Canada. As society shifts over time, it is important that estate planning methods and strategies are capable of adaptation to suit changing needs.
An advisable way to approach extracting issues of capacity with an elderly individual is through delicate conversation. It is important to avoid offending clients who may be uncomfortable, but it can be crucial to proper estate planning. Sometimes, apparent symptoms of incapacity can in fact result from cultural differences between client and lawyer.
When most people hear that someone has been "disinherited," they usually think of someone who has been written out of someone else's will. While this certainly is the classic definition of disinheritance, it is not the only way that a person can be excluded from an estate.