In a will challenge involving a modest estate, the court considered procedural directions and a request for a summary judgment hearing.
The applicants sought to set aside the will alleging lack of testamentary capacity, lack of understanding, and undue influence, and also alleged that joint bank accounts were held on resulting trust for the estate.
The respondent requested a summary judgment motion to dispose of the case.
The court held that summary judgment would be a grossly disproportionate procedure given the modest estate and the presence of significant credibility disputes requiring viva voce evidence.
The court instead limited discovery and directed that the dispute proceed to a short hybrid trial.
