The applicants, two brothers, challenged the 2018 will of their late mother, which left the majority of her estate to their third brother, the respondent.
The applicants alleged that the will was made under suspicious circumstances, that the deceased lacked testamentary capacity due to cognitive decline, and that the respondent exerted undue influence.
The court found that while suspicious circumstances existed, shifting the burden of proof, the respondent successfully established that the deceased knew and approved of the will's contents.
Relying on the evidence of the drafting solicitor and expert geriatric psychiatrists, the court concluded that the deceased had testamentary capacity and understood the nature of her assets and the claims of her beneficiaries.
The court further held that the applicants failed to prove that the deceased was coerced into making the will, finding instead that she simply wished to reward the respondent for his dedication and care in her final years.
The application to invalidate the will was dismissed.
