Does the objective sufficiency of a testator’s reasons matter?
British Columbia, Canada
The following excerpt is from Holvenstot v. Holvenstot, 2012 BCSC 923 (CanLII):
In Schipper v. De Lange, 2010 BCSC 1067, Mr. Justice Verhoeven decided that the objective sufficiency of a testator’s reasons was “part of the question of whether the reasons of the testator are rational” (paragraph 18). In doing so, he relied on the reasoning of Madam Justice Ballance in McBride v. Voth, 2010 BCSC 443, at paragraphs 135 - 142. Ballance J. had identified this troubling issue and noted a trend in the authorities, in her comprehensive review of the law. But the issue did not arise in the case she was deciding.
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