Undue influence

Total 44 Posts

Who holds the burden of proof when undue influence is claimed?

• • 0 Comments
A man photographs seagulls.

In the estates context, undue influence is often alleged in order to challenge a will or an inter vivos transfer of property, often a family home or cottage. When a party in a legal dispute alleges that there was undue influence which party bears the burden of proving (or disproving) whether this is true? Will challenges Generally speaking, if a will meets the criteria for formal validity, it will be….

Who holds the burden of proof when undue influence is claimed? Continue Reading »

Elder Care, Estate Litigation, Joint Tenancy, Power of Attorney, Succession Planning, Testamentary Capacity, Undue influence, Wills

Summary Judgment in Estate Litigation, and the Role of a Financial Advisor as a Witness

• • 0 Comments

It is widely known by estate litigation lawyers that the courts are clogged with disputes, often leading to lengthy delays in the obtaining hearing or trial dates.  Summary judgment is one way that the courts can decide cases efficiently.  To achieve a just result, a lengthy trial with oral testimony is not required in every case, and where a trial can be avoided, court resources can be allocated elsewhere.   A….

Summary Judgment in Estate Litigation, and the Role of a Financial Advisor as a Witness Continue Reading »

Estate Litigation, Undue influence, Wills

Proportionality and costs awards

• • 0 Comments

In Fanelli v. Fanelli-Bruno, 2023 ONSC 6501, Justice Myers provided clear direction on the principle of proportionality in litigation, and the ways in which it can influence a decision on costs.   The decision The estate of Ms. Lina Fanelli, the mother of the Applicant and Respondent, was the subject of the recent Fanelli decision, which was released earlier this month. Approximately one year before her death, Ms. Fanelli drafted….

Proportionality and costs awards Continue Reading »

Contested wills, Costs, Estate Litigation, Undue influence, Wills

Disclosure of Medical Records: Privacy Matters

• • 0 Comments

In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of signing the wills. In order to gather the necessary evidence to support their claim, the siblings brought a motion to….

Disclosure of Medical Records: Privacy Matters Continue Reading »

Contested wills, Estate Litigation, Estate Planning, Executors, Family Conflict, Testamentary Capacity, Undue influence, Wills

The Life and Legacy of Gina Lollobrigida – An Estates Perspective

• • 0 Comments

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Italian cinema legend Gina Lollobrigida passed away at the age of 95 in January 2023.  Known by fans as ‘La Lollo’, she starred in over 60 films which included the likes of Frank Sinatra and Sean Connery. Gina’s legacy includes a past fraught with disputes considered to be some of the most common and ‘classic’ wills and….

The Life and Legacy of Gina Lollobrigida – An Estates Perspective Continue Reading »

Capacity Law, Contested wills, Elder Care, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, International, Testamentary Capacity, Undue influence, Wills

Gefen Estate v. Gefen

• • 0 Comments

The Ontario Court of Appeal (“ONCA”) decision in Gefen Estate v. Gefen is an interesting read which provides insight into a variety of topics including mutual wills and mutual will agreements, secret trusts, the doctrine of unconscionable procurement, and more! By way of background, Elias and Henia Gefen were married for 65 years. They were Holocaust survivors who came to Canada in 1951. They had three sons: Harvey, Harry, and….

Gefen Estate v. Gefen Continue Reading »

Appeals, Capacity Law, Estate Administration, Estate Litigation, Family Conflict, Joint Tenancy, Power of Attorney, Real Estate, Testamentary Capacity, Uncategorized, Undue influence, Wills
Scroll to Top