What is the legal burden of the propounder of a will?

British Columbia, Canada


The following excerpt is from Woodward v. Grant, 2007 BCSC 1192 (CanLII):

Although the propounder of the will has the legal burden with respect to due execution, knowledge and approval, and testamentary capacity, the propounder is aided by a rebuttable presumption. Upon proof that the will was duly executed with the requisite formalities, after having been read over to or by a testator who appeared to understand it, the court will generally presume that the testator knew and approved of the contents of the will and had the necessary testamentary capacity: see Vout v. Hay, supra, at para. 26.

Other Questions


What is the legal concept relevant to the analysis of the resulting trust and what is the burden of proving that the transferor intended to transfer the property to the original owner? (British Columbia, Canada)
What is the legal burden of establishing the validity of a will? (British Columbia, Canada)
What is the legal burden of proving reliance in a case of fraudulent misrepresentation? (British Columbia, Canada)
Does the description of the legal basis of the petition fail to articulate the legal grounds to be advanced? (British Columbia, Canada)
What is the legal test of legal sufficiency on an application to amend a pleading under Rule 9-5(1)(a)? (British Columbia, Canada)
Is it a fundamental civil and legal right to communicate in confidence with one's legal advisor? (British Columbia, Canada)
What is the legal burden to prove the knowledge and approval of the testator in a will? (British Columbia, Canada)
What is the legal background to s. 71 of the Legal Profession Act? (British Columbia, Canada)
What is the legal test for determining legal causation in a motor vehicle accident? (British Columbia, Canada)
Is there any change in legal position or detriment caused by a change in the legal position of a defendant? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.