Sentences with phrase «lack personal capacity»

Just because Florida state does not recognize marriage between same sex marriages (form), that does not mean that the couple lack personal capacity to marry.

Not exact matches

The court makes decisions about the personal welfare, property and affairs of persons who lack capacity to make them themselves, applying a best interests test.

In the trust and estate litigation arena, he represents corporate trustees, individual trustees, personal representatives, and beneficiaries in disputes involving breaches of fiduciary duty, dissipation of trust or estate assets, and claims of lack of testamentary capacity, undue influence and fraud.

His trust and estate litigation practice includes representing corporate trustees, individual trustees, personal representatives and beneficiaries in disputes involving breaches of fiduciary duty, dissipation of trust or estate assets, and claims of lack of testamentary capacity, undue influence and fraud.

Will and Trust Litigation: We handle disputes over the meaning of estate planning documents, arguments involving personal representatives or trustees, and challenges to documents based on lack of capacity or undue influence.

Under the Ontario Rules of Civil Procedure, an adult lacks legal capacity if there has been a determination under the Substitute Decisions Act that the person is incapable of managing property or is incapable with respect to personal care decisions.

When the matter subsequently came before the COP to consider whether the personal injury compensation would be better administered by way of a deputyship or a trust, it was noted that the litigation friend's assumption that ABC lacked all relevant capacity had not necessarily been justified.

Quebec civil procedure distinguishes between «declinatory exceptions», which are preliminary motions to stay or dismiss based on absence of personal or subject - matter jurisdiction (compétence)[Quebec Code of Civil Procedure, arts. 163 - 164] and «exceptions to dismiss» (moyens de non-recevabilité), which are motions to stay or dismiss on other grounds: (i) res judicata or lis pendens, (ii) lack of legal capacity to sue or be sued, (iii) plaintiff's lack of standing, and (iv) no reasonable cause of action [C.C.P., arts. 165 - 167].

My personal involvement in assessing the client helps forestall or resolve potential future accusations of lack of capacity or undue influence.