What is the burden of proof regarding capacity to make a Will?
British Columbia, Canada
The following excerpt is from Conner Estate v. Worthing, 2021 BCCA 231 (CanLII):
Furthermore, the trial judge correctly identified the burden of proof regarding capacity to make a Will. Capacity may be presumed where the Will was properly executed and read by the deceased, but that presumption may be rebutted by evidence of suspicious circumstances. If the presumption is rebutted, the burden reverts to the propounder of the Will to prove capacity on a balance of probabilities: Vout v. Hay, 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876 at paras. 19–27.
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