What is the test for establishing that the knowledge and approval or approval or testamentary capacity of an individual is valid?
British Columbia, Canada
The following excerpt is from Lantzius Estate, 2015 BCSC 935 (CanLII):
If there are suspicious circumstances present in respect of the knowledge and approval or testamentary capacity, then the presumption is rebutted and the burden reverts to the applicants to prove knowledge and approval and testamentary capacity by dispelling the suspicious circumstances raised. The applicable standard of proof is a balance of probabilities: Vout at 889. However, the evidence is scrutinized in accordance with the gravity of the suspicion raised in a particular case: Leung v. Chang, 2013 BCSC 976 at para. 31, aff’d 2014 BCCA 28, leave to appeal ref’d [2014] SCCA No. 261.
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