The testator, an 81-year-old man, left the bulk of his estate to the appellant, a 29-year-old friend.
The respondents, the testator's family members, challenged the will, alleging suspicious circumstances and undue influence.
The trial judge admitted the will to probate, finding the testator had testamentary capacity and was not unduly influenced.
The Court of Appeal ordered a new trial, holding the trial judge failed to properly apply the doctrine of suspicious circumstances to shift the burden of disproving undue influence to the appellant.
The Supreme Court of Canada allowed the appeal and restored the trial judgment, clarifying that while suspicious circumstances shift the burden of proving knowledge, approval, and testamentary capacity back to the propounder of the will, the burden of proving fraud or undue influence always remains on those attacking the will.
