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(CHARLOTTE HELSTON - REPORTER / iNFOnews.ca)

An 84-year-old Vernon woman, who left her $1-million estate to a male escort 54 years her junior, will see the courts decide whether he gets the money.

According to a June 12 BC Supreme Court decision, the late Janet Colville Sutherland Henry changed her will shortly before she died leaving her estate to male escort Simon Garstin.

The decision said Henry's husband died in 2004, and following that she paid various male escorts for companionship and sexual services.

Less than a year before she died, in early 2021, Henry met Garstin, who was in his late 20s and a professional companion and male escort.

The two met via Skype and the fees for his services were discussed and agreed to.

They then met in person and Garstin stayed overnight at her house on numerous occasions.

"The sexual and companionship services Mr. Garstin provided were paid for by the Deceased at agreed upon prices which were not insignificant," Justice Gary Weatherill said in the decision. "Their last face-to-face meeting was for three nights... when Mr. Garstin again stayed at the deceased’s home."

Henry died a month afterwards.

Unbeknownst to her family, Henry changed her will a few months before she died, leaving her roughly $1-million estate to Garstin.

Henry and her late husband had no children and prior to changing her will she had left her estate to a friend, Douglas Wilson, whom she met in 2009.

Her only family are her two nieces Jillian McCrone and Ross McCrone who live in Australia.

The nieces filed a civil suit against Garstin to overturn the will.

"(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," the Justice said. "A presumption of undue influence is established when the nature of the relationship between the parties demonstrates the potential for domination."

Garstin applied to have the nieces' case thrown out and argued that Henry initiated and requested all meetings.

"(He) states that (Henry) was not vulnerable to undue influence by anyone... (he) states that (Henry) was an independent single woman who enjoyed his company on her terms," the decision read.

The recent decision deals with the legalities as several people are added as defendants to the will.

Carol Walkinshaw, Anita McCrone and Mary Litzenberger were gifted various personal items and were added to the suit, along with Wilson, who Henry had left her estate to previously.

"Mr. Wilson deposed that he met the Deceased in the summer of 2009, starting out as her trainer. Through that connection, they became good friends and met regularly for coffee, dinners, movies, and to watch football games. He recalls that she had an active dating life," the Justice said.

Wilson moved to Australia in 2018 and stayed in touch.

Ultimately, Justice dismissed Garstin's claim to have the case thrown out, leaving the matter to go to trial later this month.

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