Law360 Canada (April 29, 2024, 12:13 PM EDT) -- Appeal by Olsen from order directing formal proof of will of their deceased mother. The parties, McKay and Olsen, were siblings who were litigating the validity of the will of their late mother. The deceased prepared a will in 2012, dividing her estate equally between the two siblings. In November 2015, she prepared a new will, leaving the entire residue of her estate to Olsen. The main asset in the estate was her residence. McKay applied for formal proof of the will. The chambers judge reviewed the evidence and found that a trial was required and directed the parties to a summary trial process. Olsen argued that there was insufficient evidence on the record to justify a trial. The chambers judge ruled that if McKay could show suspicious circumstances, it would be appropriate to direct a trial of the issues of undue influence and testamentary capacity. Olsen submitted that the chambers judge relied on inadmissible evidence, namely the letter from the doctor, Macarthur, and with that letter excluded there was insufficient evidence to demonstrate suspicious circumstances. Olsen added that when the evidence was considered as a whole, there was insufficient proof of suspicious circumstances to justify a trial....