Is there any rebuttable presumption that all three codicils were duly executed?
Manitoba, Canada
The following excerpt is from Schrof v. Schrof et al., 2017 MBQB 51 (CanLII):
In this case Glen concedes that there is sufficient evidence that the codicils were duly executed in accordance with the requisite formalities and therefore the rebuttable presumption applies to all three codicils. However, he argues that there is evidence of suspicious circumstances as discussed in Vout v. Hay, 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876 (S.C.C.) surrounding the preparation of the codicils and Agnes' testamentary capacity.
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