Fuller Estate v. Fuller

Fuller Estate v. Fuller

The 1997 will was set aside because the judge found, on medical expert opinion and consistent lay evidence, that Stanley Fuller suffered from Alzheimer's disease producing delusions which poisoned his affections for his children and directly influenced his decision to disinherit them; accordingly the 1997 will could...

Source-derived case information.

Citation
2002 BCSC 1571
Parties
Plaintiff Executor: Gerald Flurry (in his capacity as Executor of the Estate of Stanley Fuller); Defendant Beneficiary: Douglas Shane Fuller; Defendant Beneficiary: Brian Patrick Fuller; Defendant Beneficiary: Rosemary Jean Beier; Defendant Beneficiary (charitable Institution): The Philadelphia Church of God
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 November 2002
Procedural Posture
Will Challenge (testamentary Capacity) and Wills Variation Act Claim / Trial Reasons for Judgment
Outcome
The 1997 will declared invalid due to testamentary incapacity caused by disease producing delusions; parties directed to determine whether the 1993 will can be submitted to probate.
Legal Topics
Testamentary Capacity, Delusion and Its Effect on Dispositions, Wills Variation Act Claims, Tithing and Testamentary Gifts, Probate of Prior Will
Source Language
english
Wills and Estates Testamentary Capacity Wills Variation Probate Delusion and Its Effect on Dispositions Wills Variation Act Claims Tithing and Testamentary Gifts Probate of Prior Will

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Parties

Gerald Flurry (in his capacity as Executor of the Estate of Stanley Fuller)

Plaintiff Executor

Douglas Shane Fuller

Defendant Beneficiary

Brian Patrick Fuller

Defendant Beneficiary

Rosemary Jean Beier

Defendant Beneficiary

The Philadelphia Church of God

Defendant Beneficiary (charitable Institution)

Procedural Posture

Will Challenge (testamentary Capacity) and Wills Variation Act Claim / Trial Reasons for Judgment

Legal Issues

  1. 1 Whether the 1997 will was vitiated by testamentary incapacity caused by disease producing delusions
  2. 2 Whether those delusions directly influenced the decision to disinherit the children
  3. 3 If the 1997 will is valid, whether it should be varied under the Wills Variation Act to provide adequately for the children

Ratio Decidendi

The 1997 will was set aside because the judge found, on medical expert opinion and consistent lay evidence, that Stanley Fuller suffered from Alzheimer's disease producing delusions which poisoned his affections for his children and directly influenced his decision to disinherit them; accordingly the 1997 will could not stand and the parties were left to determine probate of the 1993 will.

Court Disposition

The 1997 will declared invalid due to testamentary incapacity caused by disease producing delusions; parties directed to determine whether the 1993 will can be submitted to probate.

Orders

  • The 1997 will is set aside and cannot stand.
  • It is left to the parties to determine whether the 1993 will can be submitted to probate.