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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