How have the courts in BC dealt with the issue of the validity of a deceased's will?
British Columbia, Canada
The following excerpt is from Tomlinson Estate (Re), 2016 BCSC 1223 (CanLII):
In Neumann v. Chudjak Estate, 2001 BCSC 957 (chambers), the deceased left the residue of his estate to the defendants, his neighbours. The plaintiff was the stepson of the deceased. The plaintiff made claims in trust. He also sought a declaration that the deceased's will was invalid by reason of lack of capacity and undue influence. The defendants applied under then Rule 18(6) to dismiss the validity claims.
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