The B.C. Supreme Court in Vernon has given the green light to family members of a widow in her 80s who left her $1 million estate to a "professional companion and male escort" less than half her age, allowing the family members to challenge the late widow's will.
Janet Henry executed her last will and testament in August 2021, three months before she died at the age of 84. Her husband had died 17 years earlier and the couple had no children.
According to a recently published court decision, Henry's will left "the bulk of her estate" valued around $1 million to Simon Garstin, who was a male escort at the time.
Henry's niece and nephew, Jillian and Ross Sutherland McCrone, are Henry's closest living relatives following the death of her brother, Sinclair McCrone, in June 2020. Both living in Australia, they are the plaintiffs in this action and are looking to have the will overturned and potentially inherit the money.
Jillian and Ross filed a notice of civil claim in January 2022 seeking a declaration that the gift from Henry's estate to Garstin is null and void "due to undue influence" by Garstin, the decision states. Alternatively, the action argues Henry lacked the capacity to execute the will, making it invalid.
"Following her husband’s death, the deceased apparently enjoyed retaining and paying for the services of various male escorts for the purpose of companionship and sexual services," reads the decision by Justice Gary Weatherill.
Henry met Garstin, now in his early thirties, on Skype in February 2021. They met in person for the first time in April of that year. The two met up several more times over the next six months, with their last face-to-face meeting a three-night encounter in early October.
"The sexual and companionship services Mr. Garstin provided were paid for by the deceased at agreed upon prices which were not insignificant," Weatherill wrote.
The relatives' lawsuit argues the will should be set aside because Henry was vulnerable due to being isolated and lonely, particularly as this was amid the COVID-19 pandemic. It also argues Garstin was in a position of dominance and control over Henry.
Conversely, Garstin denied he was ever in a position of dominance over Henry and instead she was in a position of dominance over him because he was dependent on her payments at the time. He said she initiated all meetings and argued she was an "independent single woman who enjoyed his company on her terms."
Weatherill allowed the court challenge, saying the matter should be decided at trial.
"In my view, the plaintiffs have met the threshold of showing that there are triable issues on whether the deceased was subjected to undue influence prior to preparing the August 2021 will or whether there was a relationship of dominance by Mr. Garstin over the deceased," Weatherill wrote. "The text messages in evidence arguably suggest that the deceased and Mr. Garstin had more than a casual sexual relationship and the deceased may have been influenced by him. Those issues will need to be determined on the merits after fulsome evidence and cross-examination."
Henry's prior will, executed in February 2021, left the residual estate to a friend named Douglas Wilson. It is otherwise the same as her August 2021 will. Wilson, who Henry had met in 2009, sought to be added as a party to the action because he was the sole beneficiary under the February 2021 will. Weatherill granted this request.
