Undue Influence

A person who makes a will may be vulnerable to the influences of people who try to pressure or coerce them into leaving a will that does not accurately reflect their true wishes. This is known as undue influence and has the effect of legally invalidating the will. Undue Influence can have serious impacts on the distribution of an estate and cause assets to be distributed contrary to the wishes of the will-maker.

Frailty, old age and a deteriorating mental state can increase the vulnerability of a will-maker and concerned individuals may seek to protect the true wishes of their loved one. Where suspicious circumstances exist, they may be concerned with the legal validity of a will and the steps that can be taken to challenge it. We advise our clients on all aspects of Estates law, including the legal requirements for making a valid will and the effect on inheritance where a will is found by the courts to be invalid due to undue influence.

Often the impact of undue influence will not become evident until after a loved one passes and the contents of the will are made known to the beneficiaries. For example, a suspiciously large portion of an estate may have been left to someone who had influence over the will-maker. In these situations, it may be necessary to apply to the court for an order that the will is invalid due to undue influence.

Our Estates lawyers help concerned beneficiaries navigate this area of law, bring challenges to suspicious wills and defend wills where undue influence is alleged. We give our clients a clear understanding of their legal ground and the impacts undue influence or mental incapacity on the validity of a will and the distribution of an estate. Our lawyers have over 40 years of experience protecting the wishes of the deceased and the interests of concerned beneficiaries. For more information contact Peterson Stark Scott at 604-634-2308 or book a consultation online.