Family Challenges Will of Elderly B.C. Woman Who Named Male Escort as Beneficiary

Family Challenges Will of Elderly B.C. Woman Who Named Male Escort as Beneficiary

The recent will of an 84-year-old woman from North Vancouver, who passed away in November 2021, is now the subject of legal contention. The will, executed in August 2021, named Simon Garstin—a man in his early 30s and described by a judge as a professional companion and male escort—as the primary beneficiary of her estate, valued at approximately $1 million.

The woman’s closest relatives, as well as a longtime friend, are contesting the validity of this document. They argue that she lacked the mental capacity to understand the implications of her will and was unduly influenced by the escort Garstin, who they allege held a dominant role in her life. Conversely, Garstin maintains that the will accurately reflects her final wishes and was legally sound.

The family members contesting the will include her niece and nephew, Jillian and Ross McCrone of Australia. They claim their aunt became increasingly vulnerable during the COVID-19 pandemic, suffering from loneliness and depression after years of independence following the death of her husband and brother. They allege that during this vulnerable period, she was influenced by Garstin, whom they describe as a “professional companion” with whom she had a close relationship.

Evidence presented includes WhatsApp messages between Henry and Garstin—also known as Sam Gaines—that suggest their relationship extended beyond casual companionship. Some communications reference discussions about her health, diet, and COVID-19 vaccination, with at least one message indicating a level of familiarity that the family believes points to a more involved relationship. The niece also included screenshots implying Garstin exercised a significant influence over her aunt.

Garstin, on the other hand, denies that he exerted undue influence. He states that Henry was independent, financially comfortable, and capable of making her own decisions. He asserts that their relationship was based on mutual agreement and that she paid him for his companionship, which at times provided him with financial security. Garstin also clarified that he had not discussed her estate with her and believed the will was a reflection of her true intentions.

In addition to the McCrone family’s challenge, another close friend of Henry’s—Douglas Wilson—has also contested the will. Wilson, an old friend and former trainer for Henry, was initially named as a beneficiary in a previous will but only learned of the 2021 will and the ongoing legal proceedings after being contacted by her legal representatives.

A Vancouver Supreme Court judge recently confirmed that these challenges to the will is going to proceed to trial. A hearing was scheduled to begin at the end of June, but Wilson has requested a delay to review further documents.

This case highlights the complexities involved when questions of capacity and undue influence arise in estate planning, particularly when vulnerable individuals are involved. It also underscores the importance of proper legal advice when drafting wills, especially in cases with unusual circumstances or relationships.

Contact lawyer Ronald Kumar at 604-638-3302 for free legal advice, or visit www.willdisputes.ca