Is the deceased's testamentary capacity and therefore her knowledge and approval?
British Columbia, Canada
The following excerpt is from Singh Estate (Re), 2019 BCSC 272 (CanLII):
The evidence before me raises suspicious circumstances which, if accepted, would negate the deceased’s testamentary capacity and therefore her knowledge and approval. As held in Laszlo at para. 240, “[i]t is axiomatic that a testatrix who lacks testamentary capacity is without capacity to know and approve the contents of her will”: referring to Maliwat v. Gagné, 2009 BCSC 1447, aff’d 2010 BCCA 323.
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