What is the testator's capacity to execute a will?
British Columbia, Canada
The following excerpt is from Maliwat v. Gagné, 2009 BCSC 1447 (CanLII):
The propounder is aided in demonstrating capacity and knowledge and approval by a presumption of validity. Thus, if the will was duly executed with the requisite formalities and read over to or by the testator who appeared to understand it, it will be presumed that the testator knew and approved the contents and had the requisite testamentary capacity: Vout v. Hay, 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876 at para. 26, 125 D.L.R. (4th) 431.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a will has been executed by a testator having testamentary capacity and that it was read by or read to the testator prior to execution, in the absence of suspicious circumstances, is there a presumption that the Testator knew and approved the contents of the will? (British Columbia, Canada)
Does a testator have the requisite testamentary capacity to execute a will? (British Columbia, Canada)
When a will is executed by a testator, does the law of England or Canada raise a presumption of knowledge and approval if the will is read by the testator? (British Columbia, Canada)
What is the testator’s capacity to execute a will? (British Columbia, Canada)
Can a judgment against a defendant be executed on January 18, 1996, but no steps have been taken to execute the judgments for 10 years? (British Columbia, Canada)
Can lay people give more weight than experts in their opinion of a testator's mental capacity? (British Columbia, Canada)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (British Columbia, Canada)
What is the testator's family maintenance under the Testator's Family Maintenance Act? (British Columbia, Canada)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (British Columbia, Canada)
What is the test for determining whether a plaintiff has impaired their earnings capacity or capital asset capacity? (British Columbia, Canada)
