Does a testamentary capacity exist?

Therefore, even if a person’s mind is not what it used to be, that person may still have testamentary capacity. I must ask whether an ordinary person looking at all the circumstances would conclude that it is more likely than not that the testator had “a disposing mind and memory to "clearly discern and discreetly judge, all those things, and all those circumstances, which enter into the nature of a rational, fair and just testament": Scramstad v. Stannard [1996] 40 Alta. L.R., at paragraph 137. C. Conclusions