What is the testator’s mental capacity and what is the burden of rebutting the presumption?
Manitoba, Canada
The following excerpt is from Re Estate of Rose May Hazlitt, 2017 MBQB 184 (CanLII):
Where suspicious circumstances are present on a balance of probabilities, including with respect to the testator’s mental capacity, the presumption is rebutted and the propounder of the will reassumes the legal burden of establishing its validity. Suspicious circumstances can be established by producing evidence which, if accepted, would tend to negative the existence of the testator’s capacity (Vout v. Hay, supra, paragraph 27).
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