Family members are suing after an 84-year-old B.C. woman left her $1-million estate to a male escort.
Janet Colville Sutherland Henry of North Vancouver changed her will shortly before she died leaving her estate to escort Simon Garstin.
A B.C. Supreme Court Justice Gary Weatherill dismissed Garstin's claim to have the case thrown out, leaving the matter to go to trial later this month.
Henry's husband died in 2004, and following that she paid various male escorts for companionship and sexual services.
Her brother, Sinclair McCrone, passed away on June 25, 2020, leaving two children, Jillian McCrone and Ross McCrone, who are the plaintiffs in this action, both of whom reside in Australia. They are Henry's closest living relatives.
In February 2021, a year before she died, Henry met Garstin, who was in his late 20s and worked as a professional companion and male escort.
The two met via Skype and the fees for his services were discussed and agreed to.
“The two met in person for the first time on April 9, 2021, when Mr. Garstin came to the deceased’s home for an overnight visit,” Weatherill wrote.
"The two met several times for overnight stays several times in the following weeks. Their last face-to-face meeting was for three nights ... when Mr. Garstin again stayed at the deceased’s home.
“The sexual and companionship services Mr. Garstin provided were paid for by the deceased at agreed upon prices which were not insignificant."
A few months before she died, Henry changed her will leaving her approximately $1-million estate to Garstin. The family did not know about the change until after her passing.
"[Jillian McCrone and Ross McCrone] are seeking to have the residual gift to Mr. Garstin declared invalid based on undue influence because they say he was in a position where there was a potential for dependence or domination on the deceased," Weatherill said. "A presumption of undue influence is established when the nature of the relationship between the parties demonstrates the potential for domination."
Garstin moved to have the family's case thrown out, arguing that Henry approached him and she was “was not vulnerable to undue influence by anyone ... [he] states that [Henry] was an independent single woman who enjoyed his company on her terms.”
Garstin also “denies that he was ever in a position of dominance or control over the deceased,” the report says.
Before changing her will shortly before her passing, she had left her estate to a friend, Douglas Wilson, whom she met in 2009.
“Mr. Wilson seeks to be added as a party to this action,” Weatherill said. “He does so on the basis that, because he is the sole residual beneficiary under the February 2021 will, he ought to have been joined as a party from the outset.”
The full decision can be read online.
Correction: A previous version of this story stated the deceased woman lived in Vernon, B.C. While the case is being heard at the Vernon courthouse, the woman lived in North Vancouver.
