What is the testator's mental state when making a will?
British Columbia, Canada
The following excerpt is from Kaye et al. v. Chapman et al., 2000 BCSC 1195 (CanLII):
The mere presence of mental unsoundness is not sufficient to negate testamentary capacity unless such unsoundness can be shown to affect the testator's ability to exercise those powers that are necessary to make a will (Banks v. Goodfellow, supra p. 566).
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