Pike v. Pike, 2025 NLSC 106
Reading time: 6 mins (approx.)
By: Hayley Gardner (Articled Clerk)
Mr. Pike died in October 2023. Prior to his death, he had signed a Will in October 2020 and two Codicils in November 2021 (collectively referred to as “the Wills”). He had named one of his three children, his daughter Lynn, as the Executor of his Estate. This matter came before the Supreme Court of Newfoundland and Labrador after Lynn’s notice of intent to apply for letters probate was met with three Caveats filed by other family members. As the Executor, Lynn asked the Court to expunge the Caveats, while Mr. Pike’s other family members sought an Order from the Court for the Wills to be proven in solemn form.
To determine if the Caveats should be expunged, the Court had to consider whether they raised a genuine issue for trial. In Pike v. Pike, the Caveators brought evidence before the Court to support their assertion that Mr. Pike was incapacitated due to his neurocognitive health at the time that he signed his Wills.
The Court cited Vout v. Hay, [1995] 2 S.C.R. 876 for the general proposition that a testator is presumed to have had the necessary capacity, knowledge, and acceptance when executing a Will. This is only rebutted if a Caveator produces evidence of “suspicious circumstances”. These circumstances arise when evidence is produced which tends to cast doubt on the testator’s capacity, knowledge, or acceptance of their Will at the time of signing. Caveators do not need to prove suspicious circumstances on a civil standard of proof, they only need to produce some evidence which is sufficient to rebut the presumption of capacity.
The Court heard testimonies from several witnesses (including Mr. Pike’s long-time solicitor, his business associate, and several treating physicians), some of whom testified to their belief in his capacity while others testified to his diagnoses and decline. The Court emphasized here that it must assess Mr. Pike’s capacity at the time he signed the Wills in 2020 and 2021, and any evidence of his mental state in 2022 or 2023 is not informative of his capacity at the relevant time. Through these testimonies, the Court was able to conclude that (1) Mr. Pike had Alzheimer’s Disease as of July 2020, and (2) Mr. Pike likely lacked capacity to make personal and financial decisions by 2022. With no evidence of how Mr. Pike’s mental status had progressed from July 2020 to the dates that the Wills were signed, this was a factor that favoured proof in solemn form.
The Court went on to consider other relevant factors relating to suspicious circumstances, such as whether the new Wills constituted a significant change from former wills, whether the Wills made testamentary sense, the factual circumstances surrounding the execution of the Wills, and whether a beneficiary was instrumental in the preparation of the Wills. They found that the new Wills did constitute a significant change and came to mixed results when considering whether they made testamentary sense. There was no evidence before the Court as to whether a beneficiary had been involved in the preparation of the Wills.
In the end, each of the above factors was either neutral or in favor of proof in solemn form. The Court thus concluded that the Caveators had produced evidence of suspicious circumstances surrounding Mr. Pike’s capacity to know of, approve of, and execute each of his Wills, which raised a genuine issue for trial. This decision highlights the importance of timing when seeking to prove a testator’s capacity or lack thereof. Proof of Mr. Pike’s mental state in the months or years surrounding the signing of his Wills was not sufficient to determine whether he had the necessary capacity at the actual time of signing.
