What is the test for requiring evidence of the existence of a will?
Ontario, Canada
The following excerpt is from Lefebvre v. Major, 1929 CanLII 17 (ON CA):
The learned Lord Justice then says, with respect to the above quotation, that, if he rightly understood the presumption, that passage was wrong; and Lord Davey in Allan v. Morrison did not adopt any such proposition; that to require evidence of the non‑existence of the will would be to deny the presumption.
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