“Section 4(2) of the Succession Law Reform Act, RS.O. 1990, c. S.26. provides:
Subject to subsection (3) and to sections 5 and 6, a will is not valid unless,
(a) at its end it is signed by the testator or by some other person in his or her presence and by his or her direction;
(b) the testator makes or acknowledges the signature in the presence of two or more attesting witnesses present at the same time; and
(c) two or more of the attesting witnesses subscribe the will in the presence of the testator.
To meet the requirements of s. 4(2) of the Succession Law Reform Act, the onus is on the propounder of the will – Barbara – to establish that Larry signed the will in the presence of the two witnesses, Brenda and Joy, who were present at the same time, and that the witnesses then signed in Larry’s presence: Vout v. Hay, at para. 19: 1995 CanLII 105 (SCC), [1995] 2 SCR 876.
Medical evidence can be relied upon with respect to the validity of the execution of a will: see Sware v. Welda Estate, at paras. 16, 36, and 54: 1999 ABQB 79.”
Riddle v. Nielsen, 2022 ONSC 5895 (CanLII) at 11-13