Lisa M. Thompson

The appellant appealed the trial judge's dismissal of her action seeking to invalidate two wills of her great-aunt on grounds of lack of testamentary capacity, lack of knowledge and approval of contents, and undue influence.

The appellant contended that the trial judge misapprehended the medical evidence regarding testamentary capacity and failed to distinguish between capacity to manage property and testamentary capacity.

The Court of Appeal upheld the trial judge's findings, holding that the appellant failed to establish special circumstances to rebut the presumption of testamentary capacity and that the trial judge's conclusion was fully supported by the evidence.

The plaintiff, Lorilee Ali, challenged the validity of Florence Louisa Blackburn's 2003 and 2000 Wills, alleging lack of testamentary capacity, lack of knowledge and approval, and undue influence.

The court found no suspicious circumstances regarding the preparation of the 2003 Will or undue influence.

While concerns about Florence's capacity were raised, the court determined that her belief that money was stolen by the plaintiff was a rational conclusion given the circumstances and her memory loss, not a delusion affecting testamentary capacity.

The court was satisfied that Florence possessed the requisite capacity and knowledge and approval for the 2003 Will.