"Litigating Through the Grey Zone: The Law of Testamentary Capacity" in Annual Review of Civil Litigation 2014

Carswell | December 2014
Caroline Abela

Cited in: David v. TransAmerica, 2015 ONSC 5192


It is estimated that approximately 44 million people around the world suffer with some form of dementia. By 2050, that number is estimated to increase to 135 million.2 The problem of dementia is so prevalent that in December 2013, dementia was a topic for a G8 summit hosted by the United Kingdom. At that time, G8 leaders committed to finding a cure or an effective treatment of the disease by 2025. Until such time, as litigators, we can expect to see an increase in will challenges based on claims of testamentary incapacity.

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This paper appeared in the Annual Review of Civil Litigation 2014, eds. The Honourable Mr. Justice Todd L. Archibald and The Honourable Mr. Justice Randall Schott Echlin. Reproduced by permission of Carswell, a division of Thomson Reuters Canada Limited.