What is the current state of the law in relation to mental health issues?
Alberta, Canada
The following excerpt is from Penno Estate, 2012 ABQB 183 (CanLII):
It is noteworthy that in the seminal case of Banks v. Goodfellow (1869-70) L.R. 5 QB 549, it was noted that the power to make a will is not taken away merely because the proposed maker of a will is suffering from mental unsoundness. Rather the issue is whether the mental unsoundness affects the ability of a person to make a testamentary distribution.
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