If a Will has been read over to or by a testator who appeared to understand it, is the Will valid?
Ontario, Canada
The following excerpt is from Cunningham v. Quadrus Charitable Foundation, 2012 ONSC 5836 (CanLII):
There are strong policy reasons for maintaining the certainty of testamentary documents. In Vout v. Hoy, 1995 CanLII 105 (SCC), [1995] 7 E.T.R. (2d) 209 S.C.C., Sopinka J. stated if a Will has 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.”
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