What is the test for determining whether a testator has a valid testamentary capacity?
British Columbia, Canada
The following excerpt is from Wilton v Koestlmaier, 2018 BCSC 1257 (CanLII):
As Madam Justice Ballance emphasized in Laszlo v. Lawton, 2013 BCSC 305, at paras. 198 and 199, testamentary capacity is not a medical diagnosis. It is a legal construct, and a court may reach a conclusion regarding a testator’s capacity that conflicts with a medical diagnosis or the outcome of a medical test, including an MMSE.
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