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The IFP - Halton Hills | Thursday, August 4, 2022 | 10 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 fg =I to unduly influence a testator, however, is not sufficient to prove undue influence. 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 905-337-3307 LAW FIRM JEORGETOWN HOSPITAL SOLUNTEER ASSOCIATION wn Hospital photo The Georgetown Hospital Nolunteer A Association dofated $60, 000 to the howple on hand for the presentation were (from left): M interim chief operating officer; Sandra Taylor, executive vieeteoe Georgetown Hospital Foundation and Allan Welters, president, Georgetown Hospital Volunteer Association. VOLUNTEERS DONATE $60,000 TO HOSPITAL ‘he Georgetown Hospi- tal Volunteer Association (GHVA) has _ donated $60,000 to the Georgetown Hospital. "In addition to their in- valuable hours of service, the volunteer association continues to find creative ways to raise funds," sai Janet Skupsky, interim hier eoperating officer at Hospital. ome ees cheque for unwav co. ent and generosity of all of our volunteers. Their dedicat. unt . ir = ed service to the hospital truly enriches the patient experience." The GHVA has 141 active volunteers. It brovides so ser- ippor' shop, lobby vendor sales and the HELPP lottery. "During the panc andemi mic, we had to temporarily re- duce or pause many of the volunteer services at Georgetown Hospital in or- der. to keep everyone safe," aid Allan Welters, Dresi- dent of the GHVA. "Unfor- tunately, this also meant cancelling many events. fully, we are gradu. ally resuming ‘all of our ac- tivities. Everyone i isso hap- py to be back." Welters stepped down after 10 years of vouuntcer led dent and president. Marion one is the newly ap- inted president, mille Welters cont as past iesient Healthcare's hoopiiaie accept applica- tions for new volunteers twice a year. Adults and youth looking to volunteer can submit an application online from July 1 to Aug. 12, 2022. Visit haltonhealth- care.com for more infor- mation. "Every one of our volun- teers has done such an pressive job supporting the hospital — they help our patients, families and staff in so many evs. not bi ention. funds spite of the eee ee said tazzoni, who was recently announced as Georgetown Hospital's new chief operating officer and director for the Georgetown Hospital Fam- ily Practice Progr: "The enthusiasm and dedication