What is the test for establishing that the deceased had capacity to make a will?
Ontario, Canada
The following excerpt is from Kay v. Kay Sr., 2019 ONSC 3166 (CanLII):
Where suspicious circumstances surrounding the preparation of the will exist, the presumption of capacity is no longer in effect, and the party seeking to prove the will must establish that the deceased had knowledge of and approved of the contents of the will, and had testamentary capacity. Vout v. Hay 1995 CanLII 105 (SCC), [1995] 2 SCR 876 at 888.
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