What is the test for establishing that a will was executed with the proper formalities and the testator's knowledge and approval of the contents?
Ontario, Canada
The following excerpt is from Di Nunzio v. Di Nunzio, 2021 ONSC 6689 (CanLII):
Upon proof that the will was duly executed with the requisite formalities and the testator’s knowledge and approval of its contents, a rebuttable presumption arises that the testator knew and approved of the contents and had the necessary capacity: Vout v. Hay, [1995] 2 S.C.R. 867 at p. 889.
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