The applicant challenged the validity of her mother's 2016 Will and an inter vivos transfer of the mother's home to the respondent sister, alleging lack of capacity and undue influence.
The mother had a history of cognitive decline and was highly dependent on the respondent, who isolated her from the applicant.
The court found that the mother lacked testamentary capacity at the time the documents were executed and was subjected to undue influence by the respondent.
The 2016 Will and the property transfer were set aside, and the mother's prior 2007 Will was reinstated.
