The plaintiffs challenged a late-life will and inter vivos transfers made by a deceased testator suffering from Parkinson’s Disease and Lewy Body Dementia, alleging lack of testamentary capacity and undue influence by the surviving spouse.
After reviewing extensive medical records, expert psychiatric evidence, solicitor evidence, and family evidence, the court found the testator lacked testamentary capacity when the 2007 will was executed and that the will and capital transfers were products of undue influence.
The court held that suspicious circumstances were significant, including marked departures from earlier estate plans, failure to obtain a capacity assessment, and inadequate evidence supporting the asserted financial rationale for disinheriting the sons in substance.
Judgment was granted for the plaintiffs, the third will and impugned transfers were set aside, and the defendant was ordered to return transferred assets to the estate.
