What is the test for proof of a will in solemn form?
British Columbia, Canada
The following excerpt is from Johnston Estate v Johnston, 2019 BCSC 2149 (CanLII):
In an action for proof of will in solemn form, the party propounding the will must prove on a balance of probabilities that the will was executed in compliance with the statutory formalities, that the will-maker knew and approved of the contents of the will and that the will-maker had testamentary capacity: Vout v. Hay, 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876 [Vout] at paras. 19-20.
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