What is the test for “apparent appreciation”?
Ontario, Canada
The following excerpt is from Kaptyn Estate, 2008 CanLII 53123 (ON SC):
The interested party must ‘affirmatively prove that the (testator) did in truth appreciate the effect of what she was doing’. Riach v. Ferris 1934 CanLII 13 (SCC), [1935] 1 D.L.R. 118, [1934] S.C.R. 725 at 736…
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