Ontario, Canada
The following excerpt is from Columbos v. Columbos, 2014 ONSC 1342 (CanLII):
If suspicious circumstances are established by a person challenging the validity of the will, it then falls to the propounder of the will or testamentary document to establish the testamentary capacity of the testator. In order to establish suspicious circumstances, the person challenging the validity of the document must adduce or point to evidence which, if accepted, would tend to negative knowledge and approval or testamentary capacity: Vout v. Hay, supra, at para. 27; Henry v. Henry, [2009] O.J. No. 1185 at paras. 37-41.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.