What is the test for establishing that a testator knew and approved the contents of a will?

Ontario, Canada


The following excerpt is from Stekar v Wilcox, 2016 ONSC 5835 (CanLII):

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, it will generally be presumed that the testator knew and approved of the contents and had the necessary testamentary capacity. Where suspicious circumstances are present, then the presumption is spent and the propounder of the will reassumes the legal burden of proving knowledge and approval. In addition, if the suspicious circumstances relate to mental capacity, the propounder of the will reassumes the legal burden of establishing testamentary capacity. Both of those issues must be proved in accordance with the civil standard of proof on a balance of probabilities: Vout v. Hay, supra, at para. 27.

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