This judgment was handed down this morning by Jackson J in a mutual wills/contract to make a will case.
The defendant successfully applied to strike out the plaintiff’s Statement of Claim on two bases.
First, that an alleged testamentary contract, or a contract to make mutual wills did not have any consideration moving from one of the parties, and further was not coupled with an agreement not to revoke the will.
Secondly, that a claim of probate undue influence could not be sustained because it did not allege any material facts from which an inference of coercion/undue influence could be drawn. The judgment discusses the difference between probate undue influence and inter vivos undue influence.