What is the testator’s capacity and awareness?
Nova Scotia, Canada
The following excerpt is from Jessie May Coleman (Estate), 2008 NSSC 396 (CanLII):
It further notes that the testator’s awareness need not be very high. Perfection of mind is not a prerequisite. As noted in Murphy v. Lamphier at 126, “capacity may be diminished almost to the vanishing point and yet sufficient be left to sustain a will made in extremis, especially where the alternative is intestacy”.
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