What is the burden of proof of testamentary capacity under a Will?
Alberta, Canada
The following excerpt is from Houle Estate v. Houle, 1996 CanLII 10395 (AB QB):
The burden of proof of testamentary capacity is on those who propound the Will to establish, on a balance of probabilities, that the testator was of sound mind at the time of the Will's execution, Bakken v. Bakken.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for loss of testamentary capacity in an advanced age? (Alberta, Canada)
What is the burden of proof for a plaintiff in a medical malpractice case? (Alberta, Canada)
What is the burden of proof in a discrimination case? (Alberta, Canada)
What is the test for a physician to determine whether a person has a testamentary capacity? (Alberta, Canada)
What is the testator's burden if proof is not met where there are suspicious circumstances surrounding the execution of a will? (Alberta, Canada)
What is the test for a testamentary capacity? (Alberta, Canada)
What is the burden of proof in a human rights case? (Alberta, Canada)
What is the burden of proof for damages in a motor vehicle accident? (Alberta, Canada)
What is the law with respect to the burden of proof where there is a sale between relatives for valuable consideration? (Alberta, Canada)
What is the burden of proof in a civil case? (Alberta, Canada)
