The test for establishing the validity of a will is set out in Lidstone v. McWilliams, 1931 CanLII 50 (SCC), [1931] 3 D.L.R. 455 at 456-7 (S.C.C.): When it has been established that a will has been duly executed by a testator having testamentary capacity, and also established that it was ready by, or read over to, the testator before execution, there arises ordinarily, in the absence of suspicious circumstances, a strong presumption that he knew and approved of its contents, but there is no inflexible rule on the subject. If, however, there are circumstances which arouse the suspicions of the Court──as, for example, if the will was prepared by a person who takes a benefit under it──the party propounding the will must remove the suspicion by proving that the testator knew and approved of the contents of the document, and it is only when this has been done that the onus of proving fraud or undue influence is thrown on the opponents of the will. While a testator may be led by appeals to the affection, to ties of kindred, or to a sentiment of gratitude for past services or pity for future destitution into making a will which otherwise he would not have made, he must not be driven into making a will which he does not wish to make. In other words, his will must be the offspring of his own volition, and not the record of another person's. i)Execution
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