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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, M ay 6, 20 21 | 18 Challenging a Will because of "Undue Influence" EstatEs & trUstslegal matters M. Jasmine Sweatman B.A., J.D., LL.M., TEP.,TEP.,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 WillWillW is to allow individuals to set out their final wishes and instructions as to how their affaffaf airsfairsf should be handled after they pass away. Therefore, the Court will not set aside a WillWillW lightly. Often when a WillWillW is challenged "undue influence" is one of the primary grounds. Although it may seem obvious to the WillWillW challenger that the testator was influenced by an ill-intentioned friend or relative, because a WillWillW 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 WillWillW 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 factsfactsf 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.Wills.W 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 a Will,Will,W those considering a WillWillW challenge should evaluate their options by consulting with a lawyer experienced in estate litigation. Call us we can help. SELL YOUR GOLD WITH TRUST Visit BirksGoldExchange.com or contact us at 1 (855) 873-7373 to learn more. We provide a simple, safe and convenient way for you to sell your unwanted gold, platinum and silvsilvsil er items from the comfort of your home. Scheduled pick-ups from SCAN TO ORDER YOUR DELIVERYDELIVERYDELIVER KIT ON NOW AT THE BRICK!ON NOW AT THE BRICK! SAVING YOU MORE For more details go instore or online @thebrick.com. Desjardins Insurance agent Mike Francis, (centre) presents $10,000 cheques to Michael Willis of Uncorked on Main and Helen Lu and her husband John Wu of Lilly Thai Cuisine, as part of Desjardins Insurance's Goodspark Small Business Grants Program. Graham Paine/Metroland SUPPORTING LOCAL BUSINESSES THANK YOU FOR MAKING US YOUR TRUSTED SOURCE OF INFORMATION FIND UP-TO-DATE LOCAL COVID-19 NEWS ONLINE THEIFP.CA/CORONAVIRUS