How Memory Issues And Delusional Beliefs Invalidated A Will

When you pass away, your Will can be challenged and declared invalid on the basis that, at the time you made it, you lacked mental capacity.

Whether a Testator had the necessary capacity at the time he made his Will is not a simple question. A Testator may live independently, drive a vehicle, and nevertheless lack the mental capacity required to make a valid Will.

A recent decision from the Alberta Court of Queen's Bench (Re: From Estate, 2019 ABQB 988) highlights some important considerations regarding the issue of capacity.

Background

The Deceased

The Deceased at the heart of this case, Lorne From, died at the age of 75. He was survived by his two adult children: Carla and Randy.

The Deceased shared a close relationship with his son, Randy, until near the end of his life. From the age of 12, Randy worked with the Deceased at the Deceased's trailer manufacturing company.

In 2000, the Deceased gifted 40% of his shares in the trailer company to Randy. Then, in 2007, the Deceased sold his remaining shares to Randy and stepped away from the business. The Deceased's Will at that time, which he had made in 2001, directed that his estate was to be divided equally between Randy and Carla when he passed away.

Declining Health

The Deceased and Randy remained close for several years after the Deceased sold the company to Randy: seeing each other nearly every day. Over that time, however, the Deceased's health diminished. He suffered his first stroke in 2004 and felt that he never fully recovered. As early as 2012, the Deceased complained to his doctor of shortness of breath and memory problems. In 2013, he had coronary bypass surgery, and then in May 2015 suffered a second stroke. He suffered a third stroke in April 2016.

The Deceased's brothers, his former employees, and Randy all noticed changes in the Deceased's behavior as his health deteriorated. They all recalled that the Deceased became progressively more confrontational, angry, and forgetful.

After his second stroke in 2015, the Deceased became more aggressive towards Randy in particular. He alleged that Randy had not paid a fair price for his shares in the company, that Randy still owed him $1 million, and that Randy had stolen his land. The Deceased also complained to several people that he had no money, although he actually held assets and investments valued at over $1 million.

The 2015 Will

In September 2015, the Deceased executed a new Will. This Will left the entirety of his estate to...