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The Court of Appeal upheld the summary dismissal of a will challenge and affirmed the order requiring the appellant to pay interest on delayed legacies.
The appellant sought to set aside a motion judge's order dismissing her Notice of Objection to a Will and an order for interest on legacies.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the motion judge's factual findings and upholding the summary determination of the estate matter under Rule 75.08 of the Rules of Civil Procedure.
The court also denied leave to appeal the costs order, affirming the discretionary nature of interest and costs awards.
The court summarily dismissed a will challenge, finding no corroborating evidence of undue influence or lack of capacity.
This motion concerned the validity of a 2016 Will, allegations of undue influence and lack of testamentary capacity, and the removal of a Certificate of Pending Litigation (CPL).
The Respondent, named executrix and residual beneficiary, sought a summary ruling to confirm her status and the will's validity, and to remove the CPL.
The Applicant sought a trial to determine the will's validity.
The court granted the Respondent's motion for a summary ruling, finding the 2016 Will valid and ordering the removal of the CPL, while deferring the issue of interest liability on specific legacies for further submissions.
