What is the test for establishing that a testator is aware of the effect of the testator’s actions?

British Columbia, Canada


The following excerpt is from Sommer v. British Columbia (Public Guardian and Trustee), 2015 BCSC 1947 (CanLII):

The interested party must “affirmatively prove that the (testator) did in truth appreciate the effect of what she was doing”. Riach v. Ferris, 1934 CanLII 13 (SCC), [1935] 1 D.L.R. 118, [1934] S.C.R. 725 at 736. . . .

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