2 total
The court declared a purported unwitnessed will invalid because the propounder failed to prove the testator signed it.
The applicants challenged the validity of a purported will dated September 10, 2020, allegedly made by Kenneth Ryan Hill, a wealthy status Indian and permanent resident of the Six Nations of the Grand River Reserve.
The will named the respondent, Mr. Hill's son, as executor and left his interest in Grand River Enterprises (worth approximately $38 million) to him, with bequests of $5 million to each of his other children (except two who received nothing or $3 million).
The applicants argued that Mr. Hill did not sign the will and did not know and approve of its contents.
The court found that the respondent failed to establish that Mr. Hill signed the purported will and that suspicious circumstances surrounded its execution.
The court also found that the respondent failed to prove that Mr. Hill knew and approved of the will's contents.
The purported will was declared invalid both under the Indian Act and at common law.
The court upheld a disputed will based on eyewitness testimony despite conflicting expert handwriting evidence.
The applicant, Millie Reville, sought to validate a 2019 will naming her as the estate trustee and primary beneficiary of Mark Weeks' estate, claiming to be his common-law spouse.
The respondent, Vania Weeks, the deceased's separated spouse and estate trustee under a 2008 will, challenged the 2019 will's validity, alleging it was not properly signed or was procured by undue influence.
The court heard oral testimony from the 2019 will's witnesses and considered expert forensic document examiner reports.
The court found the 2019 will was duly executed and dismissed the undue influence claim.
The applicant was appointed estate trustee, and the respondent was ordered to return estate property and reimburse funds improperly disbursed.
