The applicant sought to validate an informal, unwitnessed document dated December 31, 2021, as a will or codicil of the deceased, Garnet Earl Rombough, under section 21.1 of the Succession Law Reform Act.
The deceased had a formal will from 2012.
Respondents challenged the 2021 document, alleging lack of testamentary capacity, undue influence, fraud, and forgery.
The court found the 2021 document authentic, made with testamentary capacity, and free from undue influence or fraud.
It determined that the 2021 document, read in conjunction with the 2012 will, represented the deceased's final testamentary intentions, acting as a codicil to the earlier will.
The application was granted, and both documents were admitted to probate.
