Is a will validly made if the will-maker still has testamentary capacity?

Ontario, Canada


The following excerpt is from Yeas v. Yeas, 2017 ONSC 7402 (CanLII):

The Court adopts the proposition in Parker v. Felgate that a will is validly made if the will-maker enjoys testamentary capacity on the date the instructions are given and, having lost that capacity, remains capable at execution of understanding that he or she gave instructions earlier, that he or she is being asked to sign a will and that the will tendered for execution has been prepared based on these earlier instructions.

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