What is the test for validity of a testamentary document?

In determining the validity of a testamentary document, whether a will or revocation of a will, there is presumption of validity established where the propounder of the document establishes proper execution of the document and that the testator knew and approved of the contents. The onus of establishing these criteria lies on the propounder of the document: Vout v. Hay, 1995 CanLII 105 (SCC), [1995] S.C.J. No. 58 at para. 26.

If suspicious circumstances are established by a person challenging the validity of the will, it then falls to the propounder of the will or testamentary document to establish the testamentary capacity of the testator. In order to establish suspicious circumstances, the person challenging the validity of the document must adduce or point to evidence which, if accepted, would tend to negative knowledge and approval or testamentary capacity: Vout v. Hay, supra, at para. 27; Henry v. Henry, [2009] O.J. No. 1185 at paras. 37-41.