In Milner v. Milner, 2024 ONSC 4232, the court dismissed an application challenging the testamentary capacity of the Applicant’s mother regarding her Last Will and Testament. The court found the Applicant’s uncorroborated evidence insufficient to prove claims of lack of capacity, suspicious circumstances, or undue influence. This case emphasizes the necessity of strong evidence to contest a will’s validity, placing the burden of proof on the Applicant.

THE FACTS 

The Deceased had two sons: the Applicant and the Respondent. The Respondent, who had three children, helped care for the Deceased before her death. She executed her Will on May 17, 2018, at age 91, alongside a Continuing Power of Attorney for Property (CPOAP) and a Power of Attorney for Personal Care (POAPC). The Deceased passed away on October 18, 2021, appointing the Respondent as her Estate Trustee and attorney under both powers of attorney.  Due to declining health, the Deceased moved into the Respondent’s home in 2019. She expressed a desire to renovate her own home at 3 Kellogg Street, Toronto, and rent it out to cover healthcare costs. The Respondent completed renovations and rented the home for $2,700 a month for one year.

The court noted that the Respondent had a distant relationship with the Deceased, only re-establishing contact in 2019 and requesting wellness checks in 2020 and 2021. At her death, the Deceased had significant assets, including several million dollars in savings and a home valued at $1.5 million.