When Capacity Is in Question: A Practical Approach to Testamentary Capacity

Event Date:

November 19, 2026 at 12 PM | MST

When Capacity Is in Question: A Practical Approach to Testamentary Capacity

Questions about testamentary capacity often surface long after a will is signed - and by then, they can sit at the centre of an estate dispute. This session gives legal professionals a practical, expert-led look at how capacity is assessed, documented and defended.


Topic: When Capacity Is in Question: A Practical Approach to Testamentary Capacity

When: Thursday, November 19, 2026, at 12 PM MST (11 AM PST)

Where: Teams - Please register below for the link

 

About the Session

When a person's ability to make a valid will is questioned, the outcome often turns on medical evidence that was - or wasn't - gathered at the time. This webinar walks through the red flags that may signal a capacity concern, the information that matters most when a will is executed, and when a formal medical capacity assessment may be appropriate.

 

Led by Dr. Suzanne Black, a Royal College-certified psychiatrist with extensive experience in capacity evaluations and psychiatric IMEs, the session also explores how medical experts approach contemporaneous assessments (at or near the time the will is signed) versus retrospective assessments conducted after the fact - and why cognitive impairment and legal capacity are not the same thing. Whether you're drafting wills, advising clients or litigating estate disputes, you'll leave with practical strategies for a more defensible estate-planning process.

 

What You'll Walk Away With

• Red flags to watch for - how to recognize signs that testamentary capacity may be in question
• Better documentation - what information is most helpful to record when a will is executed
• Knowing when to ask - when a formal medical capacity assessment may be appropriate
• How experts assess capacity - contemporaneous vs. retrospective assessments, and what each can tell you
• Impairment vs. capacity - why cognitive impairment doesn't automatically mean a lack of legal capacity
• A more defensible file - practical strategies to help reduce the risk of future will disputes

 

Who Should Attend

Estate litigators, wills and estates lawyers, notaries, and other professionals involved in estate planning and capacity-related matters.

 

About the Expert

Dr. Suzanne Black is a Royal College-certified psychiatrist with expertise in mood and anxiety disorders, ADHD, trauma-related conditions, neurocognitive disorders and workplace mental health. She practises as an inpatient psychiatrist at Peter Lougheed Hospital and an outpatient psychiatrist with Sky Psychiatry.

 

Dr. Black has extensive experience conducting psychiatric independent medical examinations (IMEs), disability and return-to-work assessments, capacity evaluations and medico-legal reviews. She is also a Clinical Lecturer in the Department of Psychiatry at the University of Calgary and has contributed to dementia and neurocognitive disorder research through the Hotchkiss Brain Institute.

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