Undue Influence in Will Challenges in Ontario: A High Legal Threshold

By Z Legal Professional Corporation – Estate Litigation Lawyers in Toronto Undue influence is frequently alleged in Ontario will challenges, particularly where a will benefits one family member disproportionately or is made late in life. However, the legal test for undue influence in the context of a will is significantly stricter than in lifetime (inter vivos) transactions. Ontario courts have repeatedly emphasized that there is no presumption of undue influence in wills, and the burden of proof remains squarely on the party attacking the…

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Undue Influence in Estate and Real Estate Transactions in Ontario

By Z Legal Professional Corporation – Estate Litigation Lawyers in Toronto Undue influence is one of the most common—and most misunderstood—grounds for challenging lifetime gifts and real estate transfers in Ontario estate litigation. It frequently arises where property is transferred shortly before death, particularly within families or caregiving relationships. Ontario courts have made clear that a transfer does not need to be overtly fraudulent or unfair to be set aside. In many cases, the law presumes undue influence based solely on the…

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