The recent BC case of Moore v. Drummond had a surprising result that may cause some uncertainty for lawyers and executors. The case revolves around the death of 98-year-old Dorothy Drummond. She disinherited her only son, Bruce, for not visiting or calling her for 50 years. However, there was evidence that he had visited her, and phone records showed that he called her at least once or twice every month. There were other issues with Mrs. Drummond's capacity as well, and Bruce challenged the will based on lack of capacity. However, the will was upheld by the court.
Click here to read a very good article about this case by lawyer Charles Ticker in www.advocatedaily.com.
Near the conclusion of the article, Mr. Ticker says that "this case emphasizes what I always tell my clients: you never know what a trial judge is going to do and there is no such thing as a sure winner." I couldn't agree more. Normally we give our best predictions based on precedent - what other judges have said in similiar circumstances where the law is the same. This case throws in a bit of a wrinkle.