What is the minimal evidentiary threshold for determining whether a testator has a valid testamentary capacity?
Ontario, Canada
The following excerpt is from Naismith v. Clarke, 2019 ONSC 5280 (CanLII):
In Campbell v. Campbell, the minimal evidentiary threshold was likewise established. The case involved allegations the testator lacked testamentary capacity, she did not have knowledge nor approve the contents of the Will and undue influence. The matter was a contest between two adult children of the deceased that included disputes about and the extent of payments over time and the purchase of real estate by one adult child from funds from the deceased prior to the deceased’s death. There is also evidence suggesting the testator had issues with her memory. One of the adult children had assumed a caregiver roll in relation to the testator.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the onus and evidentiary burden of a judge in determining whether a child over the age of majority should continue to receive child support? (Ontario, Canada)
What factors are considered to be determinative in determining whether a person will be successful in their claim to be a property owner? (Ontario, Canada)
Is a will validly made if the will-maker still has testamentary capacity? (Ontario, Canada)
In determining whether an employer has led sufficient evidence to give rise to a practical evidentiary burden, what is the test for this type of evidence? (Ontario, Canada)
What is the test for determining whether a risk is material and whether there has been a breach of the duty of disclosure? (Ontario, Canada)
What is the test for determining whether a contract of purchase is valid and enforceable? (Ontario, Canada)
What is the standard of review for determining whether a person has capacity to refuse treatment? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
What is the test for determining whether a beneficiary of a trust has a mental capacity to perform an examination? (Ontario, Canada)
What is the test for determining whether a person has capacity to make a decision? (Ontario, Canada)
