The applicants challenged their deceased father's wills on grounds of lack of testamentary capacity and undue influence by the respondent (their sister).
They also sought disclosure of medical records.
The respondent moved for dismissal of the application.
The court dismissed the applicants' motion for medical record disclosure, finding it an intrusion on privacy and a "fishing expedition." The court also dismissed the challenge based on testamentary capacity, finding the solicitor's file provided sufficient evidence of capacity.
However, the court found that the applicants met a minimal evidentiary threshold to question the wills' validity on the ground of undue influence, allowing that claim to proceed to a determination under Rule 75.06.
