What is the test for a testamentary capacity in a Will?
Alberta, Canada
The following excerpt is from Stewart v. McLean, 2003 ABQB 96 (CanLII):
It is clear from Banks v. Goodfellow that the question of whether or not a testator had testamentary capacity is a very fact-specific analysis, that is, whether this particular testator with this particular medical condition had testamentary capacity at the time of execution of the Will.
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