The estate trustees brought a motion for summary judgment seeking dismissal of a notice of objection challenging the validity of a will.
The objector, the estranged son of the deceased, alleged lack of testamentary capacity and undue influence.
The court held that the evidence of the drafting solicitor and surrounding circumstances established testamentary capacity and that the objector’s materials—consisting largely of speculation, opinion, and unsupported assertions—did not raise a genuine issue requiring a trial.
Medical records indicating early dementia did not negate testamentary capacity at the time of execution.
Summary judgment was granted dismissing the objection and permitting the estate trustees to proceed with administration of the estate in accordance with the will.
