What is the legal burden of establishing the validity of a will?
British Columbia, Canada
The following excerpt is from Henderson v Myler, 2021 BCSC 1649 (CanLII):
The legal burden of establishing the validity of a will is on its propounder. A rebuttable presumption aids the propounder in this task. If there is proof 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 is generally presumed that the testator knew and approved of the contents and had the necessary testamentary capacity: Vout v. Hay, 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876 at para. 26.
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