The applicants, grandchildren of the deceased, brought an application challenging the validity of two wills executed by the deceased in 2019 and 2020, alleging lack of testamentary capacity and undue influence by the respondent.
The applicants sought production of financial, medical, and solicitor's records.
The respondent argued the application should be dismissed as the applicants failed to meet the minimal evidentiary threshold to require the wills be proven.
The court found the applicants met the threshold by adducing evidence of the deceased's vulnerability, sudden departure from long-standing testamentary intentions, and suspicious circumstances surrounding the execution of the challenged wills.
The court ordered the production of the requested records.
