The applicant, the common-law spouse of the deceased, brought an application to challenge the validity of a handwritten will leaving a condominium to the respondent church.
The respondent brought a motion for directions challenging the applicant's standing and seeking to limit her to a dependant support claim.
The applicant moved to strike portions of the respondent's relief and hearsay evidence in affidavits.
The court held that it was premature to determine the applicant's standing to challenge the will until she commenced a dependant support claim, for which the court extended the limitation period.
The court also found the respondent's requests for directions premature and declined to strike the hearsay evidence at the motion stage, leaving it for the application judge.
