Wills, Trusts & Estates – Wilson Estate (Re)

📅 May 7, 2025👤 By Richard Zhu
Wills, Trusts & Estates – Wilson Estate (Re)

In this probate dispute Justice Fitzpatrick offered a thorough primer on testamentary capacity and undue influence. Two of the testatrix’s grandchildren alleged their grandmother lacked capacity when she signed a 2021 will that reduced their shares. After reviewing lay and expert medical evidence, the court upheld the will, finding the grandmother understood the nature of her estate and was not pressured. The decision stresses that the onus shifts to the challengers once the propounder shows due execution, and that contemporaneous medical notes—while helpful—are not indispensable. 

For estate‑planning practitioners, Wilson Estate underscores the value of detailed solicitor notes and third‑party witnesses when capacity may later be called into question.

Read the full reasons on the B.C. Supreme Court website »