The moving party sought to prove the 2017 Will of her late father, which left the estate entirely to her and disinherited her two brothers.
The respondent brothers challenged the Will, alleging lack of testamentary capacity, failure to know and appreciate the contents, and undue influence by the moving party.
The court found that the drafting solicitor's evidence substantially answered the concerns regarding capacity and knowledge.
However, the court found a minimal evidentiary basis existed regarding undue influence due to the potential for domination in the parent-child relationship and conflicting evidence.
The court ordered the production of solicitor and financial records and adjourned the motion for directions.
