Can a testatrix recite from memory all of her assets and liabilities to be considered a testamentary?
Ontario, Canada
The following excerpt is from Botnick et al. v. The Samuel and Bessie Orfus Family Foundation et al., 2011 ONSC 3043 (CanLII):
There is no requirement at law that a testatrix be able to recite from memory all of her assets and liabilities in order to have testamentary capacity: Woodward v. Grant (2007), 2007 BCSC 1192 (CanLII), 34 E.T.R. (3d) 26 (B.C.S.C.), at paras. 117, 119-124.
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