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Capacity to Marry and the Estate Plan
ISBN/ISSN/Product Number: 978-0-88804-500-3
Product Type: Book
Number of Pages: 154 pages
Number of Volumes: 1 volume bound
Binding: hardcover
Publication Date: 2010-10-01
Publisher: Canada Law Book
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Description
This is the first comprehensive resource to look at the validity of marriages in the context of estate administration, planning and litigation. It explores the requisite capacity to contract marriage and with it testamentary capacity, capacity to manage property and the person, with a focus on predatory marriages.The authors possess various expertise offering guidance from both legal and medical points of view, providing commentary and analysis of the legislation, case law, and societal issues. As a result, this resource helps legal practitioners to ask the proper questions when advising their clients.Gain clear, comprehensive coverage of:
  • The legal considerations respecting the capacity to contract marriage
  • Clinical capacity from a medical-legal perspective
  • Legislative considerations – marriage revokes a will – how does that affect the estate plan of those lacking testamentary capacity?
  • Family law and the interaction and development of property rights and concepts of alienation, undue influence, exploitation and changing demographics
  • Capacity assessments, factors and considerations
About the Author
Kimberly Whaley, C.S., TEP., LLM is the principal of the law firm Whaley Estate Litigation. Ms. Whaley practices exclusively in the area of estate, trusts, capacity, fiduciary and power of attorney litigation throughout Ontario. She conducts mediations in estates and trusts related matters and is an accredited mediator. She is a Certified Specialist in Estate and Trusts Law by the Law Society of Upper Canada and continues to be peer rated and listed by the Best Lawyers in Canada regarding her specialty. Ms. Whaley is currently the immediate Past Chair of the OBA Trusts & Estates Executive. She is a member of several committees involved in estates and trusts and contributes regularly to continuing legal education. She has been a lecturer, sessional instructor and an Adjunct Lecturer/Professor at Queen's University, Faculty of Law in Appellate Advocacy since 2002. Ms. Whaley is a contributor to the annual Canada Law Book publication Key Developments in Estates and Trusts Law in Ontario authoring the chapter "Passing of Accounts".
Dr. Michel Silberfeld has been a specialist in psychiatry in Ontario from 1976. He worked at The Baycrest Centre for Geriatric Care from 1985 to 2002. From 1988 until March 2002, he was the founder and co-ordinator of the Competency Clinic. He was involved in the implementation of the Consent and Capacity legislation now current in Ontario. Dr. Silberfeld is the author of more than 60 articles and several book chapters on capacity published in the fields of medicine, law, and bioethics. He co-authored a book, When the Mind Fails (University of Toronto Press: 1994). For his work on the Competency Clinic and his work on capacity issues he won one of the Sandoz International Prizes in Gerontology. As a co-principal on a published research project on capacity to give an advance directive, he received along with his co-authors a prize from the American Geriatrics Society. He has been a frequent contributor to legal conferences and to continuing legal education on matters of capacity.
The Honourable Heather A. McGee is a judge of the Family Court Branch of the Superior Court of Justice in and for the Province of Ontario. Prior to her appointment she was the founding partner of McGee & Fryer now Fryer & Associates in Markham, Ontario. She was the President of the Ontario Bar Association in 2005-2006, Chair of the OBA Access to Justice Committee from 2007 to 2009 and served on the Attorney General's Working Group for Family Law from 2004 to 2008. Justice McGee has also served on various working groups for the OBA with respect to family law, legal aid and access to justice. Justice McGee holds a Certificate in Mediation and Negotiation from Harvard Law School. From 2001 until her appointment to the bench she held an appointment as Practice Reviewer for the Law Society of Upper Canada. She is the author of numerous articles and papers on family law, estate planning, evidence and justice resourcing.
Helena Likwornik graduated from the University of Toronto Law School in 2006 and was called to the Ontario Bar in 2007. She is currently legal counsel for the Family Rules Committee and with the Ontario Court of Appeal. Helena Likwornik is working on her PhD. at the University of Toronto on the topic of the use of base rates in legal evidence. She is also principal cellist of the Hart House Orchestra and a member of the Croyden String Quartet.
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