What is the testator required to have a “disposing mind and memory” in making a Will?
Ontario, Canada
The following excerpt is from Ali v Fruci, 2016 ONSC 4354 (CanLII):
Capacity, in the context of the making of a Will, requires that the testator have a “disposing mind and memory”. This was defined by Rand J. in Leger et al v. Poirier, 1944 CanLII 1 (SCC), [1944] S.C.R. 152 at 161 as follows: A "disposing mind and memory" is one able to comprehend, of its, own initiative and volition, the essential elements of will-making, property, objects, just claims to consideration, revocation of existing dispositions, and the like; …
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