Legal Question in Wills and Trusts in Canada
Real Estate
Mother has been termainally ill since before easter. She supposedly signed a contract to sell property in Canada one week before she died. She never made a will because she could never consintrate long enough to do one in the last 6 months even though she made numerous appointments to do so. She was on oxygen, had less that 15% of her heart and begining stages of Alzhimers. Can the supposed sale be stopped. Of course the real estate agent says no. But her children don't believe she was of sound mind to do this.
1 Answer from Attorneys
Re: Real Estate
Two legal principles might apply. The first is that your mother did not have sufficient mental capacity to enter into the contract. The second is that, if the deal is a really bad one, i.e., the price is way too low, a Court might find that the agreement is unconscionable. In either case the contract is considered void.
Whether your mother had capacity to enter into a contract is a question of fact. Normally the evidence of her attending physician(s) is crucial.
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