2008 B.C.S.C. 516
Pollard was an elderly (78) widow with no children and a disabled brother. Pollard had a logical 2002 will. In 2004 her health deteriorated. A lawyer prepared a 2005 will but had little knowledge of Pollard’s condition. The lawyer had acted for a niece/husband but did not know Pollard. The 2005 will omitted reference to caring for her brother. The 2005 will left everything to the niece/son.
The court held the niece/husband failed to meet the onus of establishing the 2005 will reflected Pollard’s true intentions. She did not intend to disinherit Greig. The Court also held her lack of capacity. On the issue of undue influence the husband had misled the lawyer that drafted the will and victimized Pollard. The niece/husband acted dishonestly. Falconer instructed and retained lawyers. The house transfer was unduly influenced as well.