2008 B.C.S.C. 749
The testator never married and had no children. She retired from nursing in October, 2002 and died of pneumonia as a complication of leukemia on October 30, 2004 at age 66. The Plaintiff was the grandniece and god daughter. There were 2 bank account transfers and on RRSP designation on October 12; transfers of land on October 13; and will made on October 19, 2004. The defendants were a 76 year old sister of the deceased and her son. The testator was a functioning schizophrenic. The Plaintiff was the main beneficiary in the 1983 will and main beneficiary in a 1985 will. The Plaintiff was gifted a house in 1995 by the testator and other sister Margaret. In September 2004, Mary moved in with Stella and took over. On October 12, 2004, Stella transferred 3 of 4 accounts and RRSP to joint accounts with Mary and her son. October 13 a notary arranged by Malamas attended Stella at the hospital for a land transfer to joint interest in Stella’s home on W. 8th. She also gave will instructions. The notary thought she was competent. Stella signed the will in the hospital on October 19, 2004. The new will made Mary the main beneficiary, excluded the Plaintiff and made the two sons of Mary and Mary executors.
The Court found the testator changed her will based on a false belief regarding the Plaintiff selling a house and that the Plaintiff had promised not to do this. The delusion was calculated to influence the testator. The delusions poisoned her affections and therefore she lacked testamentary capacity.
There also existed undue influence as a presumption against Mary regarding the inter vivos gifts but, the defendants succeeded in rebutting it.