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The court dismissed a s. 58 WESA application to give effect to an unsigned draft will, finding the applicant did not prove settled testamentary intentions.
The trial judge's factual findings that the testatrix was vulnerable, lacked sufficient testamentary capacity at the time of the 2016 will and property transfer, and was subject to Bernadette's undue influence were open on the record, were properly supported by the evidence, and were correctly applied to legal principles; accordingly the 2016 will and Property Transfer were set aside and the Court of Appeal dismissed the appeal, awarding costs to Angela fixed at $25,000 to be paid from Bernadette's share of the estate.
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The court held the will was duly executed despite uncertainty about the interpreter’s identity, found no suspicious circumstances, and granted probate to the applicant as executrix.
The court varied a will under the Wills Variation Act, finding insufficient provision for an adult son and dividing the estate equally between him and the neighbours-beneficiaries.
The court held that Chester Yen’s 1973 will was duly executed, that he knew and approved its contents, and that he had testamentary capacity despite allegations of insane delusion.
Evidence established that the testator held irrational and persistent delusions about her mother’s condition and her brothers which were capable of and, on the evidence, did influence the decision to disinherit those brothers; those suspicious circumstances rebutted the presumption of testamentary capacity and the proponent failed to prove capacity on a balance of probabilities, therefore the will is invalid and probate is revoked.
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The Court of Appeal upheld a probate judgment validating Donald Stanton’s will, finding testamentary capacity, knowledge and approval, and no suspicious circumstances.
Summary trial granted in a probate dispute over Steve Yelich’s will. The court found testamentary capacity, no undue influence, and proved the will in solemn form.
Appeal in a wills contest. The Court upheld the 1993 will, finding no reversible error on testamentary capacity and leaving the will in force.
The court held that Stanley Fuller’s 1997 will was invalid because Alzheimer’s-related delusions influenced the disinheritance of his children.
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