What is the test for admission to probate of a copy of a will that has been lost?
Alberta, Canada
The following excerpt is from Cunningham v. Pioneer Ranch, 1985 CanLII 1494 (AB QB):
Anglin, C.J.C., in Lefebre v. Major, 1930 CanLII 4 (SCC), [1930] 2 D.L.R. 532 (S.C.C.), a case concerning the admission to probate of a copy of a will which was lost under circumstances very similar to the case at bar, set out on page 533 the three questions that were asked on the appeal: (1) Was due execution of the alleged will established? (2) Were its contents satisfactorily proved? and (3) Does the evidence rebut the presumption of destruction by the testator - animo revocandi?
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