If a court accepts the records of a testatrix as proof of her mental state, is there any evidence that she was in a state of distress?

Manitoba, Canada


The following excerpt is from Mathis Estate, Re;Piasta v. St. John's Cathedral Boys School et al., 1988 CanLII 7215 (MB QB):

If the court had allowed the records to be admitted as proof pur suant to the decision of Ares v. Veneer (supra), there would be evidence that the testatrix was "alert" or "oriented" on occasions described in the notes. There are also other notations which cast doubt on the mental condition of the testatrix. These notes are some indication as to the mental condition of the testatrix at various times but are certainly not conclusive of the issue. The court must look at all the circumstances to decide whether the testatrix had testamentary capacity.

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