What is the testatrix required to sign a will?
British Columbia, Canada
The following excerpt is from Lowery v. Falconer, 2008 BCSC 516 (CanLII):
In addition to proving that the testatrix knew and approved of the contents of a will for it to be valid, the propounder must also prove that the testatrix had testamentary capacity. Ordinarily, when a testatrix signs a will, after reading it over and appearing to understand it, and the requirements of the Wills Act respecting the execution of the will have been met, there is a presumption that the testatrix had the necessary testamentary capacity. The same presumption arises respecting the testatrix’s knowledge and approval of the contents. See Tribe v. Farrell, 2003 BCSC 1758, citing earlier authority with approval, at para. 96.
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