What is the test for voiding a will?

Manitoba, Canada


The following excerpt is from Re Estate of Rose May Hazlitt, 2017 MBQB 184 (CanLII):

The Court in Vout v. Hay, supra, quoting Craig v. Lamoureux, 1919 CanLII 416 (UK JCPC), [1920] A.C. 349, stated: Undue influence, in order to render a will void, must be an influence which can justly be described by a person looking at the matter judicially to have caused the execution of a paper pretending to express a testator's mind, but which really does not express his mind, but something else which he did not really mean.

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