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Testamentary Capacity and the Taking of Instructions
May 01, 2011
This paper examines the law relating to testamentary capacity including a review of recent decisions, followed by a discussion of what the cases tell us about a lawyer's duties and obligations when taking instructions or attending to the signing of a will where testamentary capacity might be an issue. Presented to the Legal Education Society of Alberta 44th Annual Banff Refresher in Lake Louise, Alberta.