The applicant challenged his father's will and property transfers, alleging lack of testamentary capacity and undue influence by his sister.
The applicant sought an order for directions to proceed to trial and obtain third-party financial, medical, and legal files.
The court found that the applicant met the minimal evidentiary threshold required to put the will's validity into question, particularly regarding undue influence, citing the father's complaints of control by the respondent, the lawyer's refusal to act on initial instructions, and the malleability of the father's testamentary intentions.
The motion for directions was granted, allowing the case to proceed to discovery and trial.
