Kira E. Taylor

This costs endorsement follows an application where the applicant successfully challenged the deceased's will due to lack of testamentary capacity but failed on a claim of undue influence against one of the respondents.

The court determined that success was divided, with approximately two-thirds of the litigation pertaining to testamentary capacity and one-third to undue influence.

The applicant was awarded $30,000 from the Estate for her successful claim, while the respondents were awarded $34,750 from the Estate for their successful defense of the undue influence claim.

The court also considered the respondents' conduct, noting undue delays and the introduction of extensive, low-probative medical records.

The applicant sought a declaration of invalidity for the testator's 2007 will on grounds of lack of testamentary capacity and undue influence.

The court found suspicious circumstances regarding the 2007 will, shifting the burden of proof to the respondents.

It was determined that the testator lacked testamentary capacity when executing the 2007 will, leading to its invalidation.

The 2006 will was consequently restored as the true last will and testament.

The claim of undue influence was not established.