After a loved one passes, following their wishes in their will is an important part of caring for your family’s legacy. But, what if they wanted to leave $1 million to a male escort?
According to a recently published court ruling, a B.C. widow has done just that — but her family is alleging the will is invalid.
Janet Henry, an 84-year-old woman from B.C. passed away in November of 2021, leaving the majority of her estate (valued at approximately $1 million) to a male escort named Simon Garstin — professionally known as Sam Gaines. Henry and Garstin met over Skype in February of 2021, had a number of “overnight visits” which then resulted in a final three-night stay in October of 2021.
According to the decision, Henry’s closest living relatives filed a claim disputing the will back in January of 2022. Weatherill’s recent ruling has given the green light for the will contest to proceed.
Why her family is contesting the will
Henry had a previous will that she drafted in February of 2021, leaving her estate to a friend named Douglas Wilson. She then drafted a new will in August changing the beneficiary to Garstin.
Henry’s niece and nephew are alleging that her decision to change her will was “unduly influenced” by Garstin, especially because she was in a vulnerable position as a lonely widow during the COVID pandemic. Using text messages between the deceased and Garstin, they claim that Garstin was, “in a position of dominance and control” according to the ruling.
The family also claimed that Henry did not receive independent advice in regard to her last will and did not have the capacity to understand her decision, making the will invalid.
However, Garstin is alleging the opposite. He claims that Henry was not vulnerable but an, “independent single woman who enjoyed his company on her terms." Garstin also turned the tables regarding power and dominance, asserting that because he was financially dependent on Henry, as she in fact was exerting power and dominance over him.
Henry’s decision to draft a final will — one that was challenged — months before her passing raises an important question: what goes into drafting a proper will?
How to draft a will
There’s a lot that goes into writing a will, but here are some important tips from Willful to help you draft your last wishes so they hopefully won’t be contested:
- Obtain independent legal advice: Henry’s family alleged that because she didn’t get legal advice prior to drafting her final will that it was invalid. In almost all cases it is the right move to get a professional involved when drafting a will — it adds credibility.
- Confirm your capacity: If you’re drafting a will later in life, get a medical professional to confirm you have the mental ability to do so, maybe with a letter.
- Sign with appropriate witnesses: Sign your will with your lawyer and other witnesses present who aren’t beneficiaries. This presents to outsiders that no parties that were involved in the signing could have influenced you for their gain.
But what if you’re on the other side? How do you spot a will that was drafted by someone under undue influence?
How to spot manipulation in a will
Being on the side of the family that feels cut-off or unloved because of a last-minute decision is heart-wrenching to say the least, especially if you feel your loved one was manipulated. Here are some tips from People’s Law School and the Toronto Lawyers Association you can use to spot signs of undue influence:
- Unreasonable terms or decisions: Spotting provisions in a loved one’s will that appear completely out of character or are unreasonable is a potential sign of outside manipulation. In the case of Henry’s family, they were shocked she left her estate to a male escort she had only met that year — that seemed unreasonable to them.
- Inconsistent wishes between wills: If your loved one drafted a new will that deeply conflicted with the previous one, this could be a sign of outside manipulation.
- Difficult circumstances: If the individual you believe coerced your loved one came into their life during a vulnerable time, this could be evidence of undue influence. Some circumstances worth noting include the loss of a loved one or going through a time of social isolation.
Take care your last wishes are actually your own
If the Henry’s will contest case has revealed any wisdom to Canadians, it’s that our last wishes carry profound meaning and importance for us and our family members after we’re gone. Make sure you aren’t being manipulated into making a major decision that could hurt your family in the long run.
Sources
1. Supreme Court of British Columbia: McCrone v. Henry Estate (Jun 12, 2025)
2. Willful: What Are The Requirements For A Will To Be Legally Valid in Canada?
3. People’s Law School: Challenging the validity of a will
4. Toronto Lawyers Association: Understanding Undue Influence in 2024 (Nov 27, 2024)
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
