Difference between revisions of "Making and Executing a Will (16:III)"

Making and Executing a Will (16:III) (view source)

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 ==== c) Presumption of Validity ====
-At common law, if a will is duly executed in accordance with the formal statutory requirements after being read by a testator who appears to understand the will, it is presumed that the testator possessed the requisite capacity and knew and approved the contents of the will.  This presumption may be rebutted where “suspicious circumstances” exist (see below).
+The rules regarding the burden of proof in relation to testamentary capacity were set out by the Supreme Court of Canada in ''Vout v Hay,'' [1995] 2 S.C.R. 876 [''Vout'']. Essentially, if a will is duly executed in accordance with the formal statutory requirements after being read by a testator who appears to understand the will, it is presumed that the testator possessed the requisite capacity and knew and approved the contents of the will.  This presumption may be rebutted where “suspicious circumstances” or undue influence exist (see below).
 ==== d) Undue Influence ====