Executive Summary: Key Legal and Evidentiary Issues

• Central issue concerned whether Ronald Steele had testamentary capacity when executing his will dated February 22, 2017.

• Allegations of suspicious circumstances prompted scrutiny of the will’s preparation, execution, and Ronald’s knowledge and approval.

• The Court considered conflicting testimony from family, friends, professionals, and legal counsel about Ronald’s cognitive state at the relevant time.

• Testimony from Ronald’s solicitor, Norman Tainsh, and legal assistant, Patty Fenton, who were present at execution, was given significant weight.

• No persuasive evidence was found to establish incapacity, undue influence, or lack of knowledge and approval at the time of execution.

• The application for advice and direction was not deemed necessary, and no costs were awarded for the summary trial.

Background and parties involved
Ronald Steele died on August 1, 2020, at the age of 77. He was never married, had no children, and his long-time girlfriend, Elayne Laine, predeceased him. Ronald was survived by four siblings: Shirley Steele, Donald Steele, Judy Steele, and Vera Hazelton. Vera is married to Doug Hazelton, and Donald is married to Donna Steele. Ronald had five nieces and nephews. His will, dated February 22, 2017 (the “Execution Date”), named three personal representatives: Shirley Steele, Doug Hazelton, and Donald Steele. On October 26, 2020, Donald renounced his role, leaving Shirley and Doug as the remaining personal representatives.

The application and issues
Shirley Steele, as co-personal representative, filed an application on May 5, 2022, seeking the Court’s advice and direction on whether the personal representatives should submit the will for formal proof, citing concerns about suspicious circumstances regarding Ronald’s knowledge, approval, and capacity to execute the will. Doug Hazelton agreed with the application. An Estate Case Conference on June 14, 2023, led to an order for a summary trial to address: (i) whether there were suspicious circumstances surrounding the preparation and execution of the will; (ii) whether Ronald had knowledge and approval of the will; and (iii) whether Ronald lacked testamentary capacity to prepare the will.

Evidence and legal principles
Nine witnesses gave evidence at the summary trial, and the Court reviewed an Agreed Book of Documents, an Agreed Statement of Facts, fourteen affidavits, ten questioning transcripts, and undertaking responses. The legal analysis relied on the Supreme Court of Canada’s decision in Vout v Hay, [1995] 2 SCR 876, which sets out the presumption of capacity and the effect of suspicious circumstances. Testamentary capacity is a fact-specific and time-specific inquiry, with the burden of proof shifting to the propounder of the will if suspicion is raised.

Assessment of evidence
The Court considered evidence from several family members, Ronald’s accountant James Ablett, and others. Shirley Steele and Doug Hazelton described cognitive and behavioral changes in Ronald after a 2012 stroke, including memory lapses, agitation, and difficulties with daily tasks. However, their observations were not specific to the Execution Date. Vera Hazelton testified that Ronald had the mental capacity to sign the will on the Execution Date and recalled that Ronald updated the will to include gifts to his nieces and nephews after she reminded him. Donald Steele stated he had no concerns about Ronald’s capacity in 2017 or 2018 and that Ronald managed his own financial affairs, including the sale of land and handling Elayne’s estate.

The most direct and contemporaneous evidence came from Ronald’s solicitor, Norman Tainsh, who had prepared thousands of wills in his career and interacted with Ronald multiple times between November 2016 and February 2017. Mr. Tainsh testified that he had no concerns about Ronald’s capacity to give instructions or execute the will. Patty Fenton, the legal assistant who witnessed Ronald’s signature twice on the Execution Date, also observed no concerns about his capacity. Another lawyer, Shirley Felker-Dunbar, who worked with Ronald in 2016 on Elayne’s estate, found him competent. The will was executed with the required formalities, and Ronald signed an “Acknowledgement” confirming he read and understood the will and was aware of his assets.

The Court found that difficulties with operating a television remote, phone, or reading menus did not indicate a lack of testamentary capacity. Typographical errors and references to “surviving children” in the will were not persuasive evidence of incapacity. Medical records were inconsistent and not tendered for the truth of their contents; no expert evidence was provided regarding Ronald’s capacity at the Execution Date.

Decision and outcome
Justice O. Ho concluded that Ronald Steele had testamentary capacity on February 22, 2017, knew and approved of the contents of the will, and that there were no suspicious circumstances surrounding its preparation or execution. The co-personal representatives were directed to proceed to probate the will in the normal course and without further delay. The application for advice and direction was not characterized as necessary, and no award of costs was made for the summary trial. The successful parties were the respondents—Prairie Bible Institute, Living Truth, Insight For Living Canada, and In Touch Ministries Canada—who are the residuary beneficiaries under the will. No specific amount was ordered or awarded in the decision, and the quantum of the estate’s assets was not provided in the judgment.