What is the burden of proving testamentary capacity on the propounder of the will?
British Columbia, Canada
The following excerpt is from Bach Estate (Re), 2017 BCSC 548 (CanLII):
The burden of proving testamentary capacity is on the propounder of the will, although they benefit from a presumption of capacity where the will has been duly executed, with the requisite formalities, after having been read by or to a testator who knew and approved of the contents of the will: Maliwat v. Gagné, 2009 BCSC 1447 at paras. 106-108.
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