Sentences with phrase «find testamentary»

From the decision in Young it is evident that the further a document departs from the formal execution requirements the harder it may be to find testamentary intention.

Not exact matches

Probate Disabled Persons Wills (SB 90 / PA 99 - 0302): Establishes a rebuttable presumption that a will or codicil is void if it was executed or modified after the testator is adjudicated disabled and either a plenary or limited guardian has been appointed and the court has found that the testator lacks testamentary capacity.

The court found that, rather than coercion, it is likely that due to E's conduct, P had failed to fully consider what his testamentary dispositions should be.

The appeal court found that the judge had adequately identified the salient criteria for determination of testamentary capacity.

In upholding the trial judge's decision, the appellate court found that «the appellant mischaracterizes the test for undue influence in the context of testamentary gifts,» meaning gifts made in a will rather than during a lifetime.

[35] A more recent formulation of the test is found in Re Schwartz, [1970] 2 OR 61 at 78 (CA), aff'd [1972] SCR 150where Laskin J.A. (dissenting on other grounds) summarized the elements of testamentary capacity:

The Respondent cross-appealed the portion of the chambers judge's decision upholding the arbitrator's finding that the restrictions on the officer's employment based on testamentary risk were reasonable.

The trial judge's finding that there was no undue influence using the inter vivos standard would necessarily be the same had the trial judge applied the correct standard applicable to testamentary dispositions.