The applicant, a separated spouse, sought to set aside the will of the deceased testator on the grounds of lack of testamentary capacity and to obtain custody of the deceased's cremated remains.
The applicant alleged the testator suffered from Wernicke-Korsakoff syndrome and lacked capacity to execute the will dated October 24, 2023.
The court found that the will met all requirements for due execution and that the applicant failed to provide evidence of suspicious circumstances sufficient to rebut the presumption of validity.
The application was dismissed, the will was declared valid, and the disposition of the remains was entrusted to the executor.
