Does a testator have the requisite testamentary capacity to execute a will?
British Columbia, Canada
The following excerpt is from Kuo v. Kuo, 2014 BCSC 519 (CanLII):
There is a rebuttable presumption that absent suspicious circumstances a testator has the requisite testamentary capacity when a will is proven to be properly executed: Vout v. Hay, 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876.
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