Show Notes:

In Podcast #10 we finished off knowledge and approval, talked about mistakes in that context, and reviewed undue influence.

Show Notes:

1.  The general concept of "suspicious circumstances" and what amounts to such circumstances

2.  The onus of proof on a propounder of a will and an alleger of undue influence

3.  The meaning of the phrases "the true will of the deceased" and the "righteousness of the transaction"

4.  The rule in Barry v. Butlin

5.  The Supreme Court of Canada's decision in Vout v. Hay

During this pod cast on testamentary capacity, we discussed the following:

    (i)     the requirement of a "disposing memory";

    (ii)    age-related "incapacities";

    (iii)    the Re Bohrmann and Fulton v. Andrew decisions; and

    (iv)    the practicalities of determining testamentary capacity.

1. age restrictions to keep in mind when drafting a will
2. requisite mental capacity
3. the issue of insane delusions