What is the test for establishing that a party has knowledge and approval or otherwise knowledge of a deceased's estate?

British Columbia, Canada


The following excerpt is from Singh Estate (Re), 2019 BCSC 272 (CanLII):

The contestor must demonstrate that there is some evidence “which, if accepted would tend to negative knowledge and approval or testamentary capacity”: Vout at para. 27, see also Peterson v. Welwood, 2018 BCSC 1379 [Peterson] at para. 102. This test is akin to the prima facie test in other legal contexts.

Other Questions


What is the test for establishing that the knowledge and approval or approval or testamentary capacity of an individual is valid? (British Columbia, Canada)
Does the court have discretion to deny successful party costs to the estate of a deceased? (British Columbia, Canada)
What is sufficient for a subdivision to be approved for use of the words "for the purpose of establishing that the approval of the subdivision is against the community's interest"? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
What is the test for establishing that a party is not a party to the claim? (British Columbia, Canada)
Does a testator have a moral obligation to ensure that the surviving spouse of a deceased testator's estate is not dependent upon another spouse who contributed substantially to his estate? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Is the deceased's testamentary capacity and therefore her knowledge and approval? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.