What is the test for determining a deceased's testamentary intention?
Nova Scotia, Canada
The following excerpt is from Komonen v. Fong, 2011 NSSC 315 (CanLII):
Determining a deceased's testamentary intention can be a difficult task. The reason for this is obvious – the person who can best speak to the matter is not available to testify. Helper J.A. dealt with this issue in George v. Daily, supra, where, in separate but concurring reasons, she stated at ¶ 97:
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