Undue influence

Total 44 Posts

A Gift or not a Gift? That is the Question

• • 1 Comment

Many people transfer assets to an adult child, but they often do not clearly express why they have done so. The transfer may be meant as a gift, a way of avoiding probate fees, or to simply allow access to a bank account so that their child may help manage their finances. Unfortunately, or fortunately (as the case may be), if a parent transfers an asset to an adult child, the….

A Gift or not a Gift? That is the Question Continue Reading »

Estate Litigation, Joint Tenancy, Property, Resulting Trust, Undue influence

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

•

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….

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

Contested wills, Estate Litigation, Undue influence

Deceased’s Will So Hateful it is Suspicious

•

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….

Deceased’s Will So Hateful it is Suspicious Continue Reading »

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

Sumner and National Amusements

• • 1 Comment

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…..

Sumner and National Amusements Continue Reading »

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

•

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….

No Right to Compel a Will be Proven in Solemn Form Continue Reading »

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