The applicants brought a motion to strike a notice of objection filed by the deceased's former common-law spouse regarding the deceased's will and powers of attorney.
The respondent alleged that the deceased lacked capacity and was unduly influenced by the applicants.
The court found no evidence to support the allegations of incapacity or undue influence.
Furthermore, the respondent was bound by comprehensive minutes of settlement executed prior to the deceased's death, in which she released her rights to his estate.
The court struck the notice of objection as frivolous and vexatious and awarded partial indemnity costs to the applicants.
