Mental Capacity content hub

Explore STEP’s Mental Capacity Hub, where we have pulled together news, features and resources to help you and your clients navigate through issues of capacity.

CANADA: Québec court re-states burden of proof in 'undue influence' claims

In Thivierge v Thivierge (2024 QCCA 54) the Québec Court of Appeal revisited the criteria that define undue influence and the burden that a party alleging undue influence must bear to prove their case. Overturning the first instance judgment, it held that it is not illicit or illegal to try to influence someone, even on their deathbed, and insofar as one person may influence another the influence was not necessarily undue unless proved so.

Source: Miller Thomson, CANLII

STEP Journal: A tale of two tests

Nicola Bushby and Katherine Reed describe the tension between the Banks v Goodfellow and MCA 2005 tests when dealing with testamentary capacity in England and Wales.

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Book review: Advising clients with mental health conditions

Edited by David Pickup and reviewed by Sheree Green TEP, the book addresses the social challenges that are common to everyone but are all the more difficult to navigate if one is also managing disability or mental illness. It also touches briefly on the complex interface between mental health and mental capacity law.

Read the review

Webinar replay: Mental Capacity - A global perspective

In this web event, an expert panel will discuss a new STEP research report uncovering the issues and challenges associated with loss of capacity, following a global survey of more than 700 practitioners.

GRP

STEP Global Representative Power

The STEP Global Representative Power (GRP) aims to tackle cross-border recognition while protecting the rights and interests of vulnerable people.

STEP Journal

The need for a holistic approach

Wesley O’Brien and Robert Lindley provide a Cayman Islands perspective on mental capacity, undue influence and vulnerable clients.

SIG honeycomb

Join the SIG

STEP's Mental Capacity SIG focuses on the increasing importance and relevance of issues concerning capacity in all aspects of legal work relating to inheritance and succession planning. The group aims to ensure that all members are kept up to date with developments and, indeed, are part of the debate and shaping the future where possible.