What is the burden of proof on a propounder of the will?

Ontario, Canada


The following excerpt is from Royal Trust Corporation of Canada v. Saunders, 2006 CanLII 19424 (ON SC):

The existence of suspicious circumstances does not impose a higher burden of proof on the propounder of the will than the civil standard of proof on a balance of probabilities. However, the extent of the proof required is proportionate to the gravity of the suspicion. See Vout v. Hay, supra and Scott v. Cousins, supra.

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