Three siblings challenged the validity of their father’s will on the basis of alleged undue influence by their youngest brother.
The court first determined that the will had been duly executed in compliance with the Succession Law Reform Act and that the testator had knowledge and approval of its contents.
The applicants argued that the youngest brother manipulated the parents and poisoned their relationship with the other children, leading to their disinheritance.
The court held that the burden of proving undue influence rested on the challengers and found that the evidence did not establish coercion or fraud sufficient to invalidate the will.
Instead, the court concluded that longstanding estrangement between the parents and the applicants explained the testamentary disposition.
