How have the courts treated the unsworn declarations of the testator in evidence?
Ontario, Canada
The following excerpt is from Sweetnam v Lesage, 2016 ONSC 4058 (CanLII):
As authority for this proposition, the authors quote, in a footnote, the following statement from Quick v. Quick (1864), 3 Sw.& Tr. 442, at 447: It is familiar practice enough to receive the unsworn declarations of the testator in evidence, for the purpose of arriving at his general intentions where his competency is in dispute, or where there is any imputation of fraud in the making of his will. For in such cases the state of his mind and affections is in itself a material fact, of which such statements are the fair exponents.
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