What is the test for determining that a testator understood the nature and effect of making a will?
British Columbia, Canada
The following excerpt is from James v. Field, 2001 BCCA 267 (CanLII):
Based on the view he took of the evidence, the trial judge concluded that the testator: (a) understood the nature and effect of making the will; (b) understood the extent of his property; and (c) understood and appreciated the moral claims of close family members to his property (see Banks v. Goodfellow, supra). The foundation for those conclusions are to be found in the following passages in the trial judge's reasons for judgment:
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