Is there sufficient suspicious circumstances to rebut the presumption of validity of a testamentary capacity?
British Columbia, Canada
The following excerpt is from Petrie v. Burnett, 2008 BCSC 1503 (CanLII):
I conclude that there are sufficient suspicious circumstances to rebut the presumption of validity. However, that conclusion does no more than place the onus on the Petries to prove testamentary capacity on the balance of probabilities. The court “must be careful not to substitute suspicion for proof.” (Candido v. Ciardullo (1991), 45 E.T.R. 99 (B.C.S.C.).
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