The applicants, adult siblings, sought a declaration that their late father lacked capacity or was unduly influenced when he executed a new will in 2021 that favoured their brother.
They brought a motion for directions and production of the deceased's medical, legal, and financial records.
Applying the minimal evidentiary threshold from Neuberger v. York, the court found that the applicants failed to adduce credible evidence of incapacity or undue influence.
The court noted that the applicants' evidence consisted largely of conjecture, cherry-picked medical records, and unsupported allegations against the father's caregiver.
The motion and application for directions were dismissed.
