What is the testator's testamentary capacity?
Saskatchewan, Canada
The following excerpt is from Sample Estate (Re), 1955 CanLII 233 (SK CA):
The principles to be applied in considering the testamentary capacity of a testator are well established. The only difficulty in the majority of such cases is to ascertain the true facts. The statement of Lord Halsbury in the well-known case of Quinn v. Leathern [1901] AC 495, 70 LJPC 76, at 81, is of particular applicability to cases of testamentary capacity.
Again in Craig v. Glasgow Corpn. [1919] SC (HL) 1, 35 TLR 214, Lord Findlay stated: “No inquiry is more idle than one which is devoted to seeing how nearly two cases come together. The use of cases is for the propositions of law that they contain; and it is no use to compare the special facts of one case with the special facts of another for the purpose of endeavouring to ascertain what conclusion you ought to arrive at in the second case”
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