When a will was executed with the requisite formalities and the testator who appeared to understand it, can the propounders rely on the rebuttable presumption to which a will is invalid?

British Columbia, Canada


The following excerpt is from James v. Field, 2001 BCCA 267 (CanLII):

While the August 1991 will was executed with the requisite formalities and the will was read to the testator who appeared to understand it, the propounders of the will could not rely on the rebuttable presumption to which Mr. Justice Sopinka referred in Vout v. Hay because of the suspicious circumstances.

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