What is the test for knowledge and approval?

Prince Edward Island, Canada


The following excerpt is from Praught (Estate of), 2002 PESCTD 1 (CanLII):

I will now address knowledge and approval. In Scott v. Cousins, the trial judge dealt first with testamentary capacity, and then regarding knowledge and approval he stated (para. 111) that knowledge and approval has meaning and significance only where capacity is not an issue or has been proven, and declined to deal further with the issue of knowledge and approval. That approach may be sufficient for the present case as well. However, knowledge and approval is a separate ground, regarding which there is particular evidence and argument in this case, and so I will determine the issue of knowledge and approval.

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