What is the evidentiary burden on those attacking a will?
Alberta, Canada
The following excerpt is from Penno v. Penno, 2012 ABCA 387 (CanLII):
At this stage of the proceedings, the evidentiary burden spoken of in Vout v. Hay on those attacking the will is met. The evidence in this case raises a genuine issue as to whether there are suspicious circumstances surrounding the preparation of the will, sufficient to dictate that the proponent of the will assume at a trial the legal burden of establishing testamentary capacity.
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