January 2019

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About Mental Capacity Rules around testamentary capacity in Ontario state that the capacity required to create a valid will in the Province of Ontario is the highest degree of mental capacity at law (Re Banton). The testator must have a “sound disposing mind” to understand and...

Knowledge and Approval To establish testamentary capacity, the testator must have both knowledge and approval of the contents of his or her will. Approval suggests voluntariness. However, it is possible to have capacity that is not subject to undue influence, and yet still be unaware of...