What is the test for wilful destruction of a lost will?
Ontario, Canada
The following excerpt is from Lefebvre v. Major, 1929 CanLII 17 (ON CA):
Osias Sauvé, for the plaintiff, respondent, contended that the due execution of the lost will had been proved, and that there was ample evidence to rebut the presumption of wilful destruction. On the latter point he referred to Sugden v. Lord St. Leonards (1876), 1 P.D. 154, and Bell v. Matthewman (1920), 48 O.L.R. 364.
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