Undue Influence In Will-Making: How To Contest A Will In Ontario

Undue influence goes beyond normal family persuasion. It involves coercion, manipulation, or pressure that dominates the will-maker’s decision-making.

Common scenarios that could result in undue influence:

• Threats, emotional abuse, or isolation tactics
• Exploiting the person’s vulnerability due to age, illness, or cognitive decline
• Using a position of trust (caregiver, new spouse, adult child) to control decisions
• Creating dependence and then leveraging it for personal gain

Courts look for patterns to support the claim of undue influence. 

Medical documentation:

• Records showing dementia, cognitive decline, or conditions affecting judgment
• Doctor testimony about mental state when the will was made
• Medication lists showing drugs that impaired decision-making

Relationship evidence:

• The influencer isolated the will-maker from family
• Documentation of financial or emotional dependency
• Timeline showing the influencer’s involvement coincided with will changes

Will preparation circumstances:

• The influencer arranged the appointment and drove them to the lawyer
• The meeting was kept secret from other family members
• The process was rushed during a vulnerable time
• The will-maker had no independent legal advice
• The influencer stayed present during attorney consultations

Financial patterns:

• The influencer also took money or gifts before death
• Disproportionate benefits compared to relationship closeness
• Bank records showing suspicious transactions

Witness testimony:

• Family who observed changed behavior or isolation
• Friends who heard the will-maker express different intentions
• Healthcare workers who witnessed concerning interactions
• Previous lawyers who knew the person’s longstanding wishes

If you establish “suspicious circumstances,” the burden shifts. Instead of you proving undue influence, the beneficiary must prove there was no undue influence.

This may happen when you show:

• The will-maker was vulnerable and dependent
• The beneficiary had opportunity to influence
• The will dramatically benefits the influencer
• The beneficiary was actively involved in will preparation
• No independent legal advice was obtained

Once suspicious circumstances are shown, the court presumes undue influence unless the beneficiary can prove otherwise.

The will is thrown out. The estate follows an earlier valid will, or if none exists, intestacy laws determine distribution.

Cost consequences. The influencer typically pays substantial legal costs, sometimes from their own pocket rather than the estate.

Benefits reversed. Gifts or transfers the influencer received before death may be challenged separately.

Our estates litigation lawyers help families challenge wills based on undue influence and suspicious circumstances. We assess your evidence, build your case, and fight for your loved one’s true intentions. Contact us at info@pintoshekib.ca or 416.901.9984.