What are the implications of the term "insane delusions" in the context of a will?
Ontario, Canada
The following excerpt is from Sweetnam v Lesage, 2016 ONSC 4058 (CanLII):
The issue of “insane delusions” raised in Banks v. Goodfellow requires some discussion. Generally speaking, a delusion is an irrational belief in a state of facts which no rational person would believe. However, the mere fact that a testator has one or more delusions will not invalidate his or her will. In order to do so, a delusion must influence the testator in the making of the will.
In Banks v. Goodfellow itself, the testator suffered from certain delusions relating to evil spirits. However, since the delusions were not related to the contents of the will, they were not sufficient to require a conclusion that the testator lacked testamentary capacity.
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