Why A Will Might Be Challenged Because Of Undue Influence

In this instance the challenger to the will alleges that the will does not really represent the true wishes of the deceased, but that the deceased was coerced into it, or unduly influenced by someone into writing the will.

An example might be that the deceased was very dependent, let us say, on one particular child who looked after him. He then left everything to that child without leaving anything to the other children who weren’t as involved in his care. Another situation might be where the deceased leaves everything to a total stranger who just happened to befriend the deceased, and the family is cut from the will. On the surface, this looks very much like undue influence. In other cases it could be argued that the person was coerced or defrauded into making a will to the detriment of those who would naturally expect to be beneficiaries.
If you, or someone you care about, is dealing with estate law issues in the Markham, Ontario Region, contact Charles B. Ticker for a consultation.