L. Farrell

The applicants, executors of the deceased's estate, moved for directions regarding the procedure to determine the validity of the deceased's 2015 Will.

The respondent, a daughter excluded from the Will, objected to its validity, alleging lack of testamentary capacity and undue influence.

The court found that the respondent failed to meet the minimal evidentiary threshold to require the Will to be proved in solemn form, as her claims were based on bald allegations and speculation.

The court directed the applicants to proceed to probate.

Two actions were tried together regarding the estate of the deceased.

The plaintiff daughter sought a declaration that the deceased's will was valid, while the defendant husband sought the return of personal property and funds misappropriated by the daughter using a power of attorney.

The court found suspicious circumstances regarding the deceased's testamentary capacity due to a terminal brain tumour and paranoia.

The daughter failed to attend the trial or prove the will's validity, resulting in the will being declared invalid and the estate passing on intestacy.

The court also found the daughter misappropriated funds and property, ordering her to return the items, repay the funds, and rectifying title to a foreign property to reflect joint ownership.