What is the test for establishing a testamentary capacity in a will?
British Columbia, Canada
The following excerpt is from Sommer v. British Columbia (Public Guardian and Trustee), 2015 BCSC 1947 (CanLII):
As to testamentary capacity, I adopt the review of the applicable law by Madam Justice Ballance in Laszlo v. Lawton, 2013 BCSC 305. Ballance J. referred to a long‑standing 19th century authority which sets out the essential requirements for establishing testamentary capacity for a valid will:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for establishing that the knowledge and approval or approval or testamentary capacity of an individual is valid? (British Columbia, Canada)
What is the testator required to establish a testamentary capacity in a will? (British Columbia, Canada)
Does a testator have the requisite testamentary capacity to execute a will? (British Columbia, Canada)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (British Columbia, Canada)
What is the test for establishing a claim for future loss of income earning capacity? (British Columbia, Canada)
What is the difference between a loss of housekeeping capacity and loss of personal capacity? (British Columbia, Canada)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (British Columbia, Canada)
What is the test for determining whether a plaintiff has impaired their earnings capacity or capital asset capacity? (British Columbia, Canada)
What is the test for a testamentary capacity of a man who is not a "raving madman or drivelling idiot"? (British Columbia, Canada)
In the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity? (British Columbia, Canada)
