What is the burden of proving that a testatrix approved the contents of a will?
Saskatchewan, Canada
The following excerpt is from Kiel v. McKenzie, 2008 SKQB 80 (CanLII):
The propounder of the will has the onus, on a balance of probabilities to prove due execution of the will in accordance with the law, that the testatrix had knowledge and approved of the will and that the testatrix had testamentary capacity. The propounder is assisted in this burden by the rebuttable presumption that once the legal formalities of execution have been established, it is presumed that the testatrix knew and approved of the contents of the will and had the testamentary capacity to make a will. (Vout v. Hay et al., 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876).
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