A BC woman who married a terminally ill, elderly Okanagan Indian Band member has had her inheritance overturned after a judge ruled the woman may have had an undue influence over her late husband, as the circumstances appeared suspicious.

According to an Aug 31 BC Supreme Court decision, Susan Bonneau was left a $15,000 monthly allowance by her late husband, Wilbur Bonneau, and allowed to live expense-free at his home, while her children and grandchildren were given monthly allowances and generous gifts.

His biological children, however, were left nothing.

“(Susan) Bonneau was in a position where the potential for dependence or domination of (her late husband) was present, thus engaging the presumption of undue influence,” Justice David Layton said in the decision.

The decision said Susan Bonneau met Wilbur Bonneau in March 2020 and they were married in August that year. He had cancer at the time, and died at the age of 76, two years later.

It’s unclear if Wilbur had an older will, but months before he died, one was drawn up.

It left Susan a $15,000 monthly allowance for life, and allowed her to live in the Westside Road home expense-free for the rest of her days.

It also left her son, Edwin Williams, a $3,000 monthly allowance, and her grandson Rodney Williams $2,000 a month. It left $80,000 to James Adams and his sons Miika and Nikolai Adams along with the right to live on specified lots on the property. Wilbur’s grandson, Collin Bonneau, got $4,000 a month for life, and it also left other grandchildren various gifts and savings contributions.

The Okanagan Indian Band cultural centre was left $12,000 a year.

However, the will left Wilbur’s biological children Lisa Bonneau, Lucille Bonneau and Jonathan Thompson nothing.

The children appealed the will, saying Susan had an undue influence on their father before he died.

The children said Susan severely restricted contact with their father after they got together. When talking on the phone, it was always put on speaker mode.

Susan denied she did anything to stop the kids seeing their dad, but the Justice said he had concerns about her credibility.

The Justice said the will gives significant gifts to Susan’s son and grandson, but there was little evidence about why the Wilbur decided to be this generous to them.

After Wilbur died, one of his children found a Nexus card application for Susan, which listed her previous last names.

“The two documents indicate that Mrs. (Susan) Bonneau has been married many times, in several instances for periods of two years or less,” the Justice said.

The decision said in 2010 Susan married 79-year-old Gerald Scramstad months after meeting him. He had bladder cancer and his mental state was in decline. He didn’t tell his children he was getting married, which was completely out of character.

A new will was drawn up eight days before he died. It left all of his wealth to Susan.

At the time of his death, his credit card was maxed out, which was very unusual as he was frugal, the decision said.

The two sons were comfortably well off and did not contest the will, saying they just wanted to “be done with” Susan.

The justice noted that both men were elderly and suffering from cancer when they met Susan.

“The similarities contribute to a real suspicion that Mrs. (Susan) Bonneau exercised undue influence with respect to the will. In the absence of evidence explaining these similarities, they are objectively unlikely to be the product of coincidence,” the Justice said.

Ultimately, the Justice ruled there were too many issues to allow the will to continue.

“I recognize that a person’s mere intention to request that their spouse be generous to them or their children does not constitute undue influence,” Justice Layton said. “But viewed together with all of the other circumstances, Mrs. (Susan) Bonneau’s intention does raise a suspicion in this regard.”

The Justice said there were suspicious circumstances related to the will that would render it invalid, but gave no indication of how the estate should be divided.