If you’re managing an estate in California or concerned about protecting your loved ones from will challenges, a recent British Columbia case offers critical lessons about undue influence, testamentary capacity, and the importance of proper estate planning documentation.
What Happened: The Case at a Glance
Janet Henry, an 84-year-old British Columbia woman, left the bulk of her $1 million estate to Simon Garstin, a male escort in his early 30s whom she had hired for companionship during the COVID-19 pandemic. Her decision sparked a legal battle involving:
Her niece and nephew (Jillian and Ross McCrone from Australia), who are challenging the will on grounds of lack of testamentary capacity and undue influence
A longtime friend (Douglas Wilson), who was named beneficiary in an earlier February 2021 will but was replaced by Garstin in the August 2021 version
The escort (Simon Garstin), who denies any wrongdoing and maintains the will reflects Henry’s true intentions
A B.C. Supreme Court judge ruled that the challenges will proceed to trial, with proceedings initially scheduled for June 30.
Source: CBC News – Male Escort Court Fight
Why This Matters for California Residents
While this case occurred in Canada, California estate law recognizes similar grounds for contesting wills. If you’re worried about whether your will could be challenged—or if you’re concerned that a vulnerable family member’s estate plan may have been influenced improperly—this case illustrates what courts examine when evaluating validity.
Key Legal Issues in Estate Contests: What Courts Look For
1. Testamentary Capacity
The McCrones allege their aunt “did not have the capacity to understand the nature and impact of her August 2021 will”. In California, a person must understand:
The nature of their property
Who their natural beneficiaries are (family members who would normally inherit)
The legal effect of signing a will
How these elements relate to form a coherent estate plan
Henry’s family claims she was “isolated and became very lonely and depressed” during the pandemic, making her “very vulnerable”. These factors can contribute to diminished capacity, especially in elderly individuals.
2. Undue Influence
The family alleges Garstin was in a “position of control and dominance” over Henry and “unduly influenced” her will preparation. Evidence presented includes WhatsApp messages showing Garstin becoming “more and more involved” in Henry’s life, discussing her diet, health, finances, and even pandemic decisions.
In one exchange about COVID-19 vaccination, Garstin allegedly told Henry: “It’s too bad you don’t listen to anyone with common sense… So I think you are gambling with your life”. The family’s affidavit characterizes this as Garstin being “dominant towards my aunt”.
California courts consider undue influence when someone in a position of trust:
Substitutes their wishes for those of the testator
Uses psychological pressure or manipulation
Benefits from the relationship in the estate plan
Isolates the testator from other family or advisors
3. Independent Legal Advice
The challengers claim Henry “did not receive independent advice” when crafting her will. This is particularly important when:
There’s a significant age or power disparity in relationships
The beneficiary is not a family member
Natural heirs are being disinherited
The testator is elderly or potentially vulnerable
The Escort’s Defense: Why Relationship Context Matters
Garstin’s legal response provides an important counter-perspective. He argues that Henry was “sophisticated” and had “lived independently for over 15 years” after her husband’s death. He claims that because Henry paid him for his time, “the nature of their relationship put Janet in a position of dominance over him, and not the other way around”.
He also states he never discussed her estate plan and didn’t know he was included in the will until after her death.
This raises an important question: Can a paid companion ever truly be in a position of dominance over the person paying them? Courts will examine the totality of the relationship dynamics.
How Can California Families Protect Against Will Contests?
If you’re concerned about protecting your estate plan from legal challenges—or ensuring a vulnerable loved one’s wishes are properly documented—consider these protective measures:
1. Work with Independent Estate Planning Attorneys
Ensure your attorney has no connection to potential beneficiaries and can verify you understand your decisions. At California Probate and Trust, PC, we provide transparent estate planning services focused on protecting your wishes while minimizing the risk of future litigation.
2. Document Mental Capacity
Obtain physician evaluations near the time of will execution
Have your attorney document their assessment of your understanding
Consider video recording the signing ceremony with questions and answers
3. Include No-Contest Clauses
California law allows “in terrorem” clauses that disinherit anyone who unsuccessfully challenges your will, though there are exceptions when challengers have probable cause.
4. Create Multiple Contemporaneous Documents
Execute revocable trusts alongside wills
Prepare statements of intent explaining your decisions
Update documents regularly to show consistent intent over time
5. Communicate with Family
While not legally required, discussing your estate plan with family members can reduce surprises and contests after your death. Many disputes arise from shock rather than genuine belief in incapacity or undue influence.
Red Flags That a Will May Be Challenged
If you’re concerned about a family member’s estate plan, watch for these warning signs:
Sudden changes to long-standing plans, especially favoring new relationships
Isolation from family members or longtime advisors
The beneficiary arranging or attending attorney meetings
Cognitive decline or memory issues
Financial dependence creating power imbalances
The beneficiary controlling communications or access
What Happens When Wills Are Contested in California?
Will contests in California typically involve:
Discovery: Parties exchange documents, medical records, communications, and testimony
Expert testimony: Medical experts may evaluate capacity; handwriting experts may authenticate signatures
Witness testimony: Friends, family, and professionals describe the testator’s mental state and relationships
Settlement negotiations: Many cases settle before trial to avoid expense and uncertainty
Trial: If no settlement is reached, a judge or jury decides validity
The process can take years and cost tens or hundreds of thousands of dollars, depleting the very estate being fought over.
Protect Your Family’s Future with Proper Estate Planning
Whether you’re creating your first estate plan or updating an existing one, working with experienced California estate planning attorneys ensures your wishes are clearly documented and legally sound.
At California Probate and Trust, PC, we specialize in helping California residents create comprehensive estate plans that protect both you and your loved ones. Our compassionate approach focuses on:
Clear, transparent estate planning packages
Free consultations to assess your unique situation
Experienced guidance through complex family dynamics
Protection against future litigation and challenges
Don’t leave your family’s future to chance. Schedule your free estate planning consultation today by calling (866) 674-1130 or visiting cpt.law.
Legal Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. The information presented is based on a Canadian court case and general legal principles. Estate planning and probate laws vary by jurisdiction and individual circumstances. California Probate and Trust, PC practices exclusively in California. For specific legal advice regarding your estate planning needs or concerns about will contests, please consult with a qualified estate planning attorney licensed in your jurisdiction. Prior results do not guarantee similar outcomes. Attorney advertising.
