The applicants challenged the validity of their late father's 2015 Will, alleging lack of testamentary capacity, suspicious circumstances, and undue influence by his common-law spouse, the respondent.
The testator executed the new Will shortly after a terminal cancer diagnosis, leaving his half-interest in the jointly owned home to the respondent, while his children still received his RRSPs and vehicle.
The court declined to convert the application to a trial, finding the documentary record sufficient.
The court held that the applicants failed to rebut the presumption of testamentary capacity, as the circumstances surrounding the Will's execution were not suspicious and there was no evidence of undue influence.
The application was dismissed and the 2015 Will was declared valid.
