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)	circumstances tending to show that the free will of the testator was overborn by acts of coercion or fraud.
-The Court in ''Vout'' held that where suspicious circumstances are proven, the burden of proof shifts to the propounder of the will to prove on a balance of probabilities that the will-maker knew and approved of the will’s contents and had the necessary testamentary capacity. This problem is best avoided by ensuring the will is prepared by the will-maker or some independent party (e.g., a student or lawyer) and not by a beneficiary, or the spouse of a beneficiary, under the will.
+The Court in ''Vout'' held that where the party seeking to overturn the will can point to some evidence, that if believed would prove suspicious circumstances, the burden of proof shifts to the propounder of the will to prove on a balance of probabilities that the will-maker knew and approved of the will’s contents and had the necessary testamentary capacity. This problem is best avoided by ensuring the will is prepared by the will-maker or some independent party (e.g., a student or lawyer) and not by a beneficiary, or the spouse of a beneficiary, under the will.
 == B. Finding and Appointing a Personal Representative ==