Relatives seek to contest will over $1M inheritance
Relatives of an 84-year-old B.C. widow are challenging her will in court after she opted to leave her $1 million estate to a “male escort” to whom she paid for “sexual and companionship services” over the last few months of her life.
Jillian and Ross Sutherland McCrone are the niece and nephew of Janet Henry, who passed away in 2021, and her closest living heirs. Henry had no children and was predeceased by her husband 17 years prior.
The McCrones successfully petitioned the court to seek the right to challenge the will on the grounds that Henry was subjected to undue influence by Simon Garstin, the male escort in question, potentially opening the door for them to inherit the money.
Last-minute change sparks contest will case
Henry updated her will in August of 2021, just three months before she died, opting to leave the majority of her estate to Garstin, who was 54 years younger than Henry.
A B.C. Supreme Court decision handed down earlier this month has cleared the way for the McCrones’ claims to proceed to court, with the trial to begin later this month. According to the decision, “a presumption of undue influence is established when the nature of the relationship between the parties demonstrates the potential for domination. To rebut the presumption, (the deceased) must be shown to have prepared his or her will of his or her own full, free and informed thought.”
Escort relationship at centre of contest will allegations
Henry and Garstin met online in February of 2021 and in person two months later, according to the court decision.
“Following her husband’s death, the deceased apparently enjoyed retaining and paying for the services of various male escorts for the purpose of companionship and sexual services,” Justice Gary P. Weatherill stated in his decision. “The sexual and companionship services Mr. Garstin provided were paid for by the deceased at agreed upon prices which were not insignificant.”
The McCrones’ claim argues that Henry’s will should be set aside because Henry was vulnerable and lonely and that Garstin’s relationship with her was one of dominance and control.
Garstin, in turn, argued that Henry was an “independent single woman who enjoyed his company on her terms,” and that because Henry paid him for his services, it made him financially dependent on her, and thus Henry was in a position of dominance.
Court rules contest will claims deserve trial
Weatherill noted in his decision that the McCrones’ contention that Henry was the victim of undue influence should be decided at trial. While none of the claims have yet been proven in court, Weatherill noted that enough evidence seemed to exist to support the relatives’ allegations and justify their claims proceeding to trial.
Weatherill also noted that Henry’s relatives were not named in the previous version of the will Henry changed in February 2021.
More parties join contest will proceedings
Prior to naming Garstin as beneficiary, Henry’s will left the bulk of her estate to a man named Douglas Wilson, her former fitness trainer. According to the court decision, Wilson was unaware the previous version of the will existed until last year, when he was contacted about the litigation.
In his court deposition, Wilson stated he met Henry in the summer of 2009, becoming good friends with her, and met her regularly for coffee, dinners, and movies. Wilson moved to Australia in 2018 to attend law school, but continued to stay in touch with Henry by phone and social media.
Wilson applied to be added as a party to the action, which Weatherill approved in his ruling.
In his deposition, Wilson also accused Garstin of convincing Henry to “attempt medically dangerous health practices such as eating raw chicken to cure cancer and to not attend the hospital when she was ill.”
At Clark Woods LLP, we understand the complexities of estate disputes and the profound impact they can have on families. Whether it’s recovering misappropriated assets, addressing suspected financial abuse, or navigating complex estate matters, our experienced estate litigation lawyers are here to help. If you suspect elder financial abuse or need assistance with an estate dispute, contact Clark Woods LLP today.
