What is the test for determining if a disposition is testamentary?
British Columbia, Canada
The following excerpt is from Norman v. Watch Tower Bible and Tract Society of Canada, 2013 BCSC 2099 (CanLII):
The parties agreed that the test for determining if a disposition is testamentary is that set out in Cock v. Cooke (1886) L.R. 1P 241 at 243 as follows: It is undoubted law that whatever may be the form of a duly executed instrument, if the person executing it intends that it shall not take effect until after his death, and it is dependent on his death for its vigour and effect, it is testamentary.
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