Undue influence

Total 43 Posts

Challenging a loved one’s Will? You’re gonna need evidence

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The recent decision in Taylor-Reid v Taylor may seem to be the typical case of an adult child claiming that, ‘dad’s new wife unduly influenced him to cut me out of his Will’, but, on a summary judgment motion, the court found that there was absolutely no evidence to substantiate the plaintiff’s claim. In fact, the evidence showed that, if there was undue influence, it may have been on the….

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Contested wills, Estate Litigation, Undue influence

Deceased’s Will So Hateful it is Suspicious

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When WW finally received a copy of her father’s will, after more than a year of chasing her father’s second wife to produce it, she read these words: I have equally considered my two children and leave them absolutely nothing. [WW] is entirely without morality and who ‘did not know’ if she could tell the truth in a Court. She is less a person than her mother. G-d help anyone….

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

Sumner and National Amusements

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In a number of previous Blogs, there have been references to famous families feuding over estates. This Blog is about a similar story except that the subject, Sumner Redstone, is still alive at 92 years of age. For those who don’t know, Sumner Redstone is a media mogul. He currently owns the majority interest in Viacom and CBS Corporation (through National Amusements Inc.), estimated to be worth around $5 billion…..

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Capacity Law, Estate Planning, Family Conflict, Powers Of Attorney and Guardianship Disputes, Succession Planning, Testamentary Capacity, Undue influence

No Right to Compel a Will be Proven in Solemn Form

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My colleague Gillian Fournie wrote a comprehensive post regarding the Court of Appeal for Ontario’s decision in Neuberger v. York, 2016 ONCA 191. Gillian focused on the Court’s decision that the equitable doctrine of estoppel could not be used as a defence to a will challenge. I thought it might be helpful to expand upon the Court’s other finding in obiter dicta: that there is no automatic right for a….

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Contested wills, Estate Administration and Probate Applications, Estate Litigation, Testamentary Capacity, Undue influence, Wills

Looking back, looking forward

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At year end, we typically engage in a retrospective examination, looking back on events and trying to make sense of them.  Simultaneously, there is a human instinct to make predictions as well as resolutions, both of which are notoriously unreliable.  The notion of predicting the future is one that is inherent in medicine by virtue of the fundamental role of a physician to make a diagnosis, but also concomitantly a….

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Capacity Law, Contested wills, Estate Litigation, Estate Planning, Undue influence
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