The plaintiff challenged the validity of two wills executed by her late father shortly after he was diagnosed with a terminal brain tumour.
The wills entirely disinherited the plaintiff and her children.
The court found that the testator lacked testamentary capacity when he executed both wills, as his cognitive functions were impaired by the tumour, poorly managed diabetes, and various medications, leading to insane delusions that affected his testamentary dispositions.
The wills were declared invalid.
The plaintiff's alternative claims for undue influence, proprietary estoppel, and dependant support under the Succession Law Reform Act were dismissed.
