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Banton v Banton, 1998 CanLII 14926 (ON SC)

Facts:

Elderly man married for a 3rd time. He was declared financially incompetent. The man got married, and he executed a new will and left entire estate to new wife (M), which meant he disinherited he children. Court held this invalid because said M exercised duress and B did not have testamentary capacity. So M’s possibility of getting anything depended on the validity of marriage.

Issue(s):

Was there a valid marriage?

Ratio:

Ability to manage property is not essential to the validity of marriage

Analysis:

Court said B had been married before, and he understood the nature of his responsibilities in his marriage to M. Find there was no evidence of duress in respect of getting married (even though there was wrt to the will). The burden of proof falls to the people challenging the marriage (ie the children)

Holding:

It was a valid marriage


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