What is the test for establishing that a will was executed in compliance with the statutory formalities?
British Columbia, Canada
The following excerpt is from Harshenin v. Khadikin, 2015 BCSC 1213 (CanLII):
In a dispute over a will, the party propounding the will must prove, on a balance of probabilities, that the will was executed in compliance with the statutory formalities, that the will-maker knew and approved of the contents of the will, and that the will-maker had testamentary capacity: Vout v. Hay, 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876 at paras. 19-20.
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