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th ei fp .c a Th e IF P -H al to n H ill s | T hu rs da y, O ct ob er 1, 20 20 | 10 Challenging a Will because of "Undue Influence" EstatEs & trUstslegal matters 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 145 Mill St., Georgetown 905.877.0121 * www.sweatmanlaw.com *Sweatman Law Professional Corporation 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 theWill challenger that the testator was influenced by an ill-intentioned friend or relative, because aWill challenge takes place after the testator has passed away, the testator is unable to say what really happened. Understandably then, the threshold for 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 has experienced recent bereavement; and • 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. Considering the high threshold and evidentiary hurdles for challenging aWill, those considering aWill challenge should evaluate their options by consulting with a lawyer experienced in estate litigation. Call us we can help. 905-877-8500 •www.devereauxcemetery.ca A Final Gift to Your Family Main Office: 600 Spring Gardens Road, Burlington Owned & Operated by The Roman Catholic Episcopal Corporation of the Diocese of Hamilton in Ontario Cemetery Address: 12337 17th Side Road, Georgetown Prearranging your burial or cremation is the last gift you can give your family. It releases them from having to quickly make decisions in their time of grief. It also frees them from the need to pay costs associated with your cemetery arrangements. Contact one of our family counsellors to discuss your wishes and options. In-Home Care For Seniors Comfort Keepers® HALTON HILLS - MILTON • 905-877-2999 • Dementia Care • Personal Care • Hospital to Home • Companionship / Transportation • Housekeeping / Meal Preparation • Respite Care • Live-In / 24 Hour Care • Flexible Shifts • Screened, Bonded & Trained Staff • Available 24 / 7 Halton Hills just got a little more colourful... and inclusive. The Town of Halton Hills has unveiled a rain- bow crosswalk at the inter- section of Market and Church streets by the Hal- ton Hills Public Library. The idea for the rainbow crosswalk was pitched to Coun. Jane Fogal by Georgetown resident Ola Jiskra, owner of Genera- tions Physiotherapy. "How much could it pos- sibly cost?" Ola Jiskra, also the crosswalk's first spon- sor, said she had asked her- self. "More than I'd initially thought." With a price tag of $7,500, nearly half of the project was paid for by sponsors. "It's incredible to live in a community that immedi- ately reacts," she said. When the crosswalk was discussed at council, it passed unanimously. "Love is love," Jiskra said. "I don't think we should need to have big acts like this, but it's the world we live in." The crosswalk repre- sents the town's commit- ment to embracing diversi- ty and inclusion and shows support for Halton Hills' LGBTQ+ residents. "What we're trying to show is that this communi- ty is becoming more and more diverse and inclu- sive," Mayor Rick Bonnette said. "We want everyone to be safe and feel safe in this community." COUNCIL The Town of Halton Hills has unveiled the town's first rainbow crosswalk, a symbol of inclusion of the LGBTQ+ community. Bryan Myers/Torstar TOWN UNVEILS RAINBOW CROSSWALK BRYAN MYERS bmyers@metroland.com