What is the test for establishing that a will was duly executed?

Once it is proven that a will was duly executed, the knowledge and approval of the contents of the will and testamentary capacity will be presumed. However, where there is evidence of suspicious circumstances, this presumption is vacated and the propounder must then prove that the testator knew and approved the contents of the will. If the suspicious circumstances relate to mental capacity, the propounder must also prove testamentary capacity. The standard of proof is not altered by the presence of suspicious circumstances; rather, it remains the civil standard of balance of probabilities: Vout v. Hay, 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876 at 888-89.