Contests elderly B.C. woman's will over bequest of $1 million to male escort

Contests elderly B.C. woman's will over bequest of $1 million to male escort

Fight for the Fortune: Battle over $1 Million Estate Headed to Court

A court battle looms over a B.C. woman's $1 million estate, allegedly left to a much-younger man who served as her professional companion and male escort. According to a recent court ruling, the deceased's relatives have been given the green light to challenge the will.

Janet Henry, an 84-year-old widow, penned her final will and testament in August 2021, just three months before her passing. Simon Garstin, the man in question, stands to inherit the "bulk" of the estate. Jillian and Ross Sutherland McCrone, Henry's niece and nephew, are pushing to overturn the will, potentially paving the way for them to inherit the wealth.

The crux of the plaintiffs' claim is a strong suspicion of undue influence by Garstin. This allegation hinges on the fact that the nature of their relationship demonstrates an opportunity for domination. To counter this claim, it must be proven that Henry did, in fact, prepare her will on her own accord, free from any coercion or manipulation.

In the absence of children and Henry's husband's death 17 years prior, the deceased seemingly found solace and companionship in various male escorts. Henry and Garstin connected via Skype in February 2021 and met in person for the first time in April. Over the following six months, the pair shared numerous overnight visits, with their last encounter happening when Garstin stayed at Henry's home for three nights in October. It's worth noting that these companionship and sexual services were compensated by Henry.

The Sutherland McCrone relatives argue that the will should be nullified due to Henry's vulnerability and loneliness, particularly in the context of COVID-19 restrictions. Moreover, they allege that Garstin held a position of dominance and control, leaning on the transactional nature of their relationship.

Garstin, however, contends that Henry was an independent woman who enjoyed spending time with him on her own terms. His rebuttal emphasizes that the fact that he was paid made Garstin financially dependent on her, implying that Henry, in turn, held the power.

The case is slated for trial at the end of the month. Though Garstin seeks to strike the relatives' claim altogether on several grounds, the judge believes the question of undue influence warrants a full trial, citing potential supporting evidence from text messages that emerged during the discovery process.

Key Legal Factors:

1. Undue Influence: This occurs when a person manipulates or coerces another to make decisions unaligned with their genuine intentions. A presumption of undue influence arises in relationships with a power imbalance.
2. Burden of Proof: The plaintiffs initially bear the burden of proof, but once a presumption of undue influence is established, it shifts to the beneficiary to demonstrate that the will accurately reflects the deceased's intentions.
3. Evidence and Testimony: Key evidence includes the vulnerability of the testator and the nature of the relationship with the beneficiary, along with details about the circumstances surrounding the will's creation.
4. Legal Proceedings and Outcomes: The court reviews all available evidence, including expert testimony, to determine if undue influence occurred. If proven, the court may invalidate the will, leading to the estate being distributed according to previous wills or intestacy laws.
5. As the court battle approaches, the question of mental-health and vulnerability, particularly during the COVID-19 restrictions, will likely play a significant role in the case, given Janet Henry's loneliness and the power dynamic in her relationships with her male companions, including the contestant, Simon Garstin.
6. The concern regarding sexual-health and the transactional nature of the relationship between Henry and Garstin is another legal factor that the court will consider, as the plaintiffs allege that this could have provided Garstin an opportunity for undue influence over Henry.
7. Lifestyle choices and family-dynamics may also surface during the trial, as they could shed light on Henry's motivations and potential intentions for her will, which could ultimately impact the outcome of the battle over the $1 million estate.

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