What is the test for making a will in common law?
British Columbia, Canada
The following excerpt is from Johnson v. Pelkey, 1997 CanLII 2935 (BC SC):
At common law, the propounder of a will must show that the will was the free act of a testator who, at the time the will was made, had a disposing mind and memory. If a will has been shown to have been executed after having been read over to or by a testator who appears to understand it, testamentary capacity at the time of its execution will generally be presumed. However, if there are circumstances raising a well-grounded suspicion as to whether the document expresses the true will of the testator, the court must look beyond the presumption. MacGregor v. Ryan (1965) 1965 CanLII 17 (SCC), 53 D.L.R. (2d) 126, (S.C.C.)
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