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The IFP - Halton Hills | Thursday, November 18, 2021 | 12 theifp.ca Challenging a Will because of “Undue Influence” M. Jasmine : Sweatman B.A., J.D., LL.M., TEP., C.S., EPC, CPCA Certified Specialist in Estates & Trusts Wills, Powers of Attorney, Trusts, Estate Litigation and Administration, Corporate, Real Estate The basic purpose of a Will is to allow individuals to set out their final wishes and instructions as to how their affairs should be handled after they pass away. Therefore, the Court will not set aside a Will lightly. Often when a Will is challenged “undue influence” is one of the primary grounds. Although it may seem obvious to the Will challenger that the testator was influenced by an ill-intentioned friend or relative, because a Will challenge takes place after the testator has passed away, the testator is unable to say what really happened. then. establishing a Will was the product of undue influence is high. In Banton v. Banton the Superior Court of Ontario stated it must be “...established on the balance of probabilities that the influence imposed by some other person on the deceased was so great and overpowering that the document reflects the will of the former and not that of the deceased.” Although the facts of each case are unique, there are certain indicators of undue influence which have been noted in the case law, including: * The testator is depending on the beneficiary for emotional and physical needs; * The testator is socially isolated; * The testator h id * The testator has made a new will not consistent with prior Wills. Simply showing there was opportunity or motive to unduly influence a testator, however, is not sufficient to prove undue influence. fg =I Considering the high threshold and evidentiary hurdles for challenging a Will, those considering a Will challenge should evaluate their options by consulting with a lawyer experienced in estate litigation. Call us we can help. 145 Mill St., Georgetown 905.877.0121 LAW FIRM COMMUNITY The Nine-THOUSAN FOUR HUNDRED SIXTY-FOUR Town of Halton Hills photo Mayor Rick Bonnette (centre) accepts a cheque for $9,464.49 from Three Musketears Golf Tournament organizers (from left) Kathy Toth, Melissa Toth-Rooney, Gord Toth, Kathy Everson and Rick Everson for the new Acton Youth Centre. KEEPING LOCAL YOUTHS’ MEMORY ALIVE GOLF TOURNAMENT PROCEEDS TO SUPPORT NEW ACTON YOUTH CENTRE The Three Musketears' legacy contin- ue This year, it's the new Acton Youth Cen- tre reaping the benefits of the $9,464.49 that was raised from tournament held in a memory or local ‘sown Mark Everson, Dick, who were Shak and Tinea be a freight train in rural Halton Hills. The "Three Musketears" name was cho- sen to symbolize their friendship. e funds will go toward furnishings and recreational. opportunities for thenew Established 17 years ago, the tourna- ment — organized by the youths' friends and family — has supported various com- munity initiatives, including ¢ the Three Musketears Skatepark in "We are thrilled that the *tamilies and friends of the Three Musketears have cho- sen the Acton Youth Centre as the recipi- ent of their generous donation," said Hal- ton Hills Mayor Rick Bonnette. "This act of i less serves to support and enhance opportunities for youth in the Acton com- munity and continues the legacy of the loved ones who tragically passed so many years ago.” The Acton Youth Centre, located at 19 Willow St. N. (within the Acton Town Hall), opened its doors to the community this fall. It will serve as a hub of activity anda place for youth to gather, recreate, social- ize, learn, collaborate, innovate, access lo- cal services and grow. As part of the town! 's youth services, the municipality operates two youth centres with locations in Acton and Georgetown. Both centres are operated by trained staff in partnership with social service agen- cies, including Reach Out Centre for Kids (ROCK), ADAPT and Support House. and open to youth ages 12 to 24 years old. ‘or more information, please visit halton- hills.ca/youth. SIGN UP FOR OUR WEEKLY NEWSLETTER AT THEIFP.CA