The plaintiff brought a motion seeking leave to deliver a fresh as amended statement of claim alleging tortious interference with inheritance rights, to add a new defendant, compel a capacity assessment of the defendant mother, examine her lawyer regarding preparation of a will, lift solicitor‑client privilege, and exempt evidence from the deemed undertaking rule.
The proposed amendments were based on allegations that the defendant lacked testamentary capacity when she executed a new will reducing the plaintiff’s inheritance.
The court found the proposed claims lacked material particulars, were unsupported by evidence, and were likely statute‑barred under the applicable limitation period.
The court also held the amendments would unduly expand and delay a focused action involving property accounting disputes.
Leave to amend and related relief were refused, but a limited extension was granted for the action to be set down for trial.
