What is the testator’s obligation to ensure that the maker of a will knew and approved the contents of the will at the time it was signed?
British Columbia, Canada
The following excerpt is from Allart Estate v. Allart, 2014 BCSC 2211 (CanLII):
With respect to the requirement that the will-maker knew and approved of the contents of the will at the time it was signed, the will may be read to the testator or the contents otherwise brought to his or her attention. The testator’s execution of the will creates a rebuttable presumption that he or she had knowledge of and approved the contents of the will, which presumption “can be rebutted by direct evidence or suspicious circumstances”: Yen Estate v. Chan, 2013 BCCA 423 at paras. 28-32.
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