Is there any jursidiction in the US or Canada for a court to authorise a will for a person lacking testamentary capacity? That is, make a will or revoke an existing will for a person who no longer has (or never has had) testamentary capacity while they are still alive, rather than claiming against the estate.
An example situation: a wife leaves has a will leaving all of her estate to her husband. Her husband attempts to murder her and is unsuccessful, leaving her incapacitated and now lacking capacity. Obviously if she enjoyed capacity she would not want to leave anything to her husband anymore.
In the United Kingdom the courts have jursidiction to do this under the Mental Health Act and in Australia courts have these powers in most of the states.
Is there any such jursidiction anywhere else?
An example situation: a wife leaves has a will leaving all of her estate to her husband. Her husband attempts to murder her and is unsuccessful, leaving her incapacitated and now lacking capacity. Obviously if she enjoyed capacity she would not want to leave anything to her husband anymore.
In the United Kingdom the courts have jursidiction to do this under the Mental Health Act and in Australia courts have these powers in most of the states.
Is there any such jursidiction anywhere else?