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WILLS - Testamentary capacity - Legal capacity - Knowledge and approval - Of contents of will - Mental capacity - Evidence - Onus of proving capacity

Monday, January 29, 2018 @ 8:27 AM  

Appeal by Stekar from trial judgment dismissing his application for probate of a 2012 Will. The trial judge found that there were suspicious circumstances surrounding the changing of the deceased’s 1999 Will and the making of the 2012 Will, that the deceased lacked testamentary capacity at the time of the execution of the 2012 Will and that the deceased had no knowledge of and failed to approve the contents of the 2012 Will. The 2012 Will was prepared at a time when the deceased was of...