What is the burden of proving that a party to a will has a valid testamentary capacity?

British Columbia, Canada


The following excerpt is from Verity (Re), 2012 BCSC 650 (CanLII):

In Vout v. Hay, 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876, the court heard an appeal in which it was alleged there were “suspicious circumstances” surrounding the execution of a will. At para. 26, Sopinka J. for the court observed: ...Although the propounder of the will has the legal burden with respect to due execution, knowledge and approval, and testamentary capacity, the propounder, is aided by a rebuttable presumption. Upon proof that the will was duly executed with the requisite formalities, after having been read over to or by a testator who appeared to understand it, it will generally be presumed that the testator knew and approved of the contents and had the necessary testamentary capacity.

Other Questions


What is the burden of proving testamentary capacity on the propounder of the will? (British Columbia, Canada)
What is the burden of proving that a party making an offer to a prospective buyer of a dog is reasonable to expect that the offer ought to have been accepted? (British Columbia, Canada)
What is the burden of proving a transfer of funds to a different party when the transfer is not a gift? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
What is the burden of proving discrimination against a party? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
What is the test for establishing that the knowledge and approval or approval or testamentary capacity of an individual is valid? (British Columbia, Canada)
What is the burden of proving that a party to a child was not aware of the consequences of the child’s parents’ actions? (British Columbia, Canada)
What is the burden of proving the capacity of a testator in a will? (British Columbia, Canada)
What is the burden of proving discrimination against a party in a human rights complaint? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.