What is the testator's mental state when making a will that changes the words "England" and "United States" in the last codicil?
Manitoba, Canada
The following excerpt is from Faucher v. Tucker Estate, 1993 CanLII 9340 (MB CA):
A similar question arose in England in the case of In the Estate of Bohrmann; Caesar and Watmough v. Bohrmann, [1938] 1 All E.R. 271. There a testator had made a will and four codicils. In the last codicil he declared that the gift which he had made to charities should be read as if the word "England" had been deleted therefrom and the words "United States of America" substituted therefor. It is enough to say, without going into any detail, that the court was satisfied that this change was made because of an insane delusion.
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