Evidence showed that husband likely lacked capacity to make codicil

Estates and Trusts - Estates - Revocation and Alteration of Will

Validity. Husband and wife testators executed wills in 2001 where they appointed their three children as trustees. In 2003 husband was diagnosed with severe dementing disorder. In 2006, testators both signed joint codicils gifting two properties to daughter K. Testators both died in 2008. Daughter H brought application for determination of validity of codicil. K brought motion for summary judgment for dismissal of H's application on basis of expiration of limitation period; H brought cross-motion for summary judgment on her application. K's motion dismissed; H's cross-motion granted. Codicils referred to 2006 will, of which there was no evidence. K was involved in preparation of codicils, which raised suspicious circumstances. Evidence showed that husband likely lacked capacity to make codicil. Codicils were invalid.

Piekut v. Romoli (2019), 2019 CarswellOnt 4723, 2019 ONSC 1190, Dietrich J. (Ont. S.C.J.).

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