How can the presumption of a will be rebutted if there are suspicious circumstances surrounding the preparation of the will?
British Columbia, Canada
The following excerpt is from Atwal v. Atwal, 2010 BCSC 1261 (CanLII):
The court in Vout v. Hay then states that the presumption can be rebutted if there are suspicious circumstances surrounding the preparation of the will, or circumstances that call into question testamentary capacity or whether the free will of the testator was overborne by acts of coercion or fraud. The legal burden then reverts to the propounder of the will.
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