What is the testator's duty to execute a will?

British Columbia, Canada


The following excerpt is from Philp v. Woods, 1985 CanLII 575 (BC SC):

With a clear understanding of that rule and the general duties enunciated in Murphy v. Lamphier, supra, it should also be borne in mind that the law holds a testator of sound and disposing mind can give valid will instructions, and at the time of execution may be incapable but still be competent to execute the will. The reverse may also be true. That is, a person may be incompetent when giving instructions but competent and able to confirm the instructions and validly execute the will on its execution date.

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