How has the BC Court treated uncertainty in a will application?
Ontario, Canada
The following excerpt is from Kathleen Budai v. Susan Milton, 2014 ONSC 5530 (CanLII):
Rather than uncertainty, the submission of the applicant was based on the facts that the respondent prepared the will and is a potential beneficiary. Accordingly, the applicant argued that paragraph 6.3 should arouse suspicion, therefore putting the onus on the respondent to prove that the testator knew and approved of the contents of the will. The applicant relied on Lakevold v. Simank, [1990] BCJ No. 2390 (B.C.S.C.) in support of this position.
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