Does a beneficiary have to prove that the testatrix of a will prepared the will on behalf of the beneficiary?
British Columbia, Canada
The following excerpt is from Lichota v. Fomich, 1995 CanLII 1726 (BC SC):
40 Where the beneficiary is instrumental in having the will prepared, he or she must affirmatively prove that the testatrix did in truth appreciate the effect of what she was doing: Riach v. Ferris, 1934 CanLII 13 (SCC), [1934] S.C.R. 725 at 736.
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