He signed a will to give a church his Hamilton condo before dying. His partner calls it 'suspicious'

Sixteen days before he died, a Hamilton man was in hospital when he signed a handwritten will giving Saint Mina's Coptic Orthodox Church his condo. 

Now, the church is in a court battle against his common-law partner, who argues the will was obtained under "suspicious circumstances."

Court documents obtained by CBC Hamilton show Lianne Liu said she only learned of Alphons Malack Guirgues's emergency will two months after it was executed.

The documents outline why Liu claims the will is invalid and the church used its "undue influence" on her dying partner.

The documents also explain why the church's lawyer says Guirgues, 65, wanted to give the church his condo and argues that Liu has no legal leg to stand on while challenging the will.

Two expert lawyers who spoke to CBC also provided analysis on the case, saying others can learn from it, to avoid conflict over wills.

"It is an interesting and sad set of facts ... something that seems to possibly be disturbing that needs to be dug into deeper," said Benjamin Arkin, who's with Arkin Furrow Estate Law LLP.

None of the claims have been proven in court.

Guirgues died in Hamilton in the summer of 2021. He was the owner of La Galleria Canada in downtown's Jackson Square, where he sold picture frames and provided passport picture services.

His only family in the city was his common-law partner, court documents seemingly show. His brother and sister were living in Egypt and a niece was in Ontario, according to the documents. A Nov. 30 court filing states it's unclear if any of those relatives were informed of the court battle.

Guirgues and Liu were together for 13 years and had been living together since 2008. She was his primary caregiver.

Court documents state he also had a condo in Hamilton's Ainslie Wood East neighbourhood that he was renting to someone for $1,500 a month. The condo was worth $150,000 and the mortgage wasn't fully paid.

Guirgues had been a member of Saint Mina's congregation since 2011, according to the court documents.

Saint Mina's is on Rymal Road East, part of the Coptic Orthodox Church based out of Egypt. An affidavit from Rev. Metias Said Ibrahim — the church's priest — states he knew Guirgues for a decade.