The applicants, nieces of the deceased, brought a motion for directions to challenge the validity of the deceased's 2014 Will, alleging lack of testamentary capacity and undue influence by the respondent neighbour.
The court found the applicants met the minimum evidentiary threshold by adducing evidence of the deceased's cognitive decline, delusions, and hospitalizations for confusion.
The court ordered a trial of the issues, production of solicitor and medical records, and a preservation order over the estate assets.