Kathy Wheeler Sullivan

The applicant, acting as Attorney for Property and Estate Trustee, brought a motion for summary judgment to validate the deceased's 2010 will and 2008 revocation of prior wills, and an application for vacant possession of a property occupied by the respondents.

The respondents challenged the will and claimed an interest in the property based on alleged contributions and an unwritten agreement.

Applying the Hryniak framework, the court found no genuine issue for trial regarding testamentary capacity or undue influence, declaring the 2010 will and 2008 revocation valid.

The court granted vacant possession to the estate, noting the respondents failed to satisfy the Statute of Frauds or provide corroborating evidence under the Evidence Act for an interest in land, but directed a reference to determine any unjust enrichment claim for improvements made to the property.

The applicants, the son and daughter-in-law of the incapable respondent, brought an application for the passing of accounts and the removal of the respondent's daughter as joint attorney for property.

The court found that the daughter had improperly taken funds from her mother's accounts for her personal use and had failed to provide a proper accounting as ordered.

The court ordered the daughter to repay $21,133.12 to her mother's estate, removed her as joint attorney for property, and refused to pass her accounts.