When a will has been executed by a testator having testamentary capacity and that it was read by or read to the testator prior to execution, in the absence of suspicious circumstances, is there a presumption that the Testator knew and approved the contents of the will?
British Columbia, Canada
The following excerpt is from Benekritis v. Benekritis, 1998 CanLII 3816 (BC SC):
Where it has been established that a will has been executed by a testator having testamentary capacity and that it was read by or read to the testator prior to execution, in the absence of suspicious circumstances a presumption is created that the testator knew and approved of the contents of the will: Lidstone v. McWilliams at 456-7.
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