In McCrone v. Henry Estate, 2025 BCSC 1076, the Supreme Court of British Columbia recently considered whether a claim challenging a gift in a will to a male escort should be dismissed before trial. The case offers important insight not only for lawyers but also for anyone considering contesting a will or defending a bequest, as it demonstrates how British Columbia courts treat claims of undue influence and testamentary capacity.
Background: A disputed gift and an unusual relationship
The deceased passed away on November 16, 2021, leaving an estate valued at approximately $1 million. Her husband had predeceased her by 17 years, and the couple had no children. Her last will and testament, dated August 16, 2021 (the “2021 Will”), left the bulk of her estate to a much younger man she had met online and hired as a male escort (the “Defendant”).
Her closest surviving relatives, a niece and nephew living in Australia (the “Plaintiffs”), ultimately decided to challenge the 2021 Will. They argued that the Defendant unduly influenced their aunt, who was elderly, isolated during COVID-19, and potentially vulnerable. They also alleged that the 2021 Will was invalid due to undue influence and lack of mental capacity. Importantly, the deceased had made earlier wills naming other beneficiaries, including a close friend and, in earlier versions, the Plaintiffs themselves. If their claim is successful, the estate would likely pass either to the named friend under a prior will or to the Plaintiffs themselves, depending on the court’s ruling.
The legal challenge: Can a will contest be dismissed before trial?
As the trial date approached, the Defendant applied to have the claim dismissed entirely, relying on two court rules designed to filter out weak or frivolous claims: Rule 9-5 and Rule 9-6 of the Supreme Court Civil Rules. These rules can, in some instances, result in the early dismissal of claims that have no hope of success. However, in this case, the court refused to dismiss the claim, meaning the matter will proceed to a full trial starting on June 30, 2025.
Rule 9-5 allows the court to strike a claim if it discloses no reasonable cause of action or constitutes an abuse of process. As Justice Weatherill confirmed, where the pleadings (i.e., the written court documents) set out a legally valid claim – even if the facts are disputed – the case should proceed. In this case, the Plaintiffs clearly alleged that the Defendant was in a position of dominance and that the deceased had been unduly influenced. That was deemed sufficient for the claim to continue.
Unlike Rule 9-5, Rule 9-6 permits a limited review of the evidence. The moving party must establish that there is “no genuine issue for trial.” Once again, Justice Weatherill found that the Plaintiffs had raised serious concerns regarding undue influence. Text messages, discovery transcripts, and the unusual nature of the relationship between the Defendant and the deceased created sufficient uncertainty to justify a full hearing.
Final thoughts
McCrone v. Henry Estate serves as a timely reminder that British Columbia’s estate litigation system is designed to uncover the truth – even when the facts are unusual or uncomfortable. Courts are cautious about summarily dismissing will challenges, especially where there is evidence of a close relationship, potential vulnerability, or unexpected changes in testamentary gifts. Accordingly, if you are in a committed, long-term relationship that may be considered marriage-like, it is crucial to understand your rights and ensure your intentions are clearly documented, especially in relation to estate planning. B.C. law recognizes common-law spouses and other non-traditional relationships, but only when properly documented.
If you have concerns about the validity of a will, or suspect undue influence or lack of capacity, it is vital to act promptly and seek legal advice. Contact our Estates and Trusts Litigation Group to better understand your rights, protect your interests, and help prevent future disputes. Whether you are a potential beneficiary, an executor, or someone who was been left out of a will, we are here to guide you through the process with clarity and care.
