How Do You Prove Undue Influence When Contesting a Will?

Undue influence in wills is one of the most challenging claims to prove in estate litigation, but it's also one of the most common. When a will is suddenly changed in favour of a single person—especially under suspicious or isolated circumstances—it often raises questions about undue influence in wills. In Ontario, proving it requires careful strategy, strong evidence, and a deep understanding of how the courts approach these claims.

1. What Is Undue Influence in Wills?

Undue influence in wills occurs when someone pressures, manipulates, or coerces the testator (the person making the will) into changing their estate plans for the influencer’s benefit. The testator's free will is overridden, and the resulting document doesn’t reflect their true intentions.This is distinct from simply persuading someone. The influence must be so strong that it overpowers the testator's independent judgment.

2. Who Is Most at Risk of Being Unduly Influenced?

The most common scenarios involve testators who are:

• Elderly or cognitively impaired
• Physically dependent on caregivers or family members
• Isolated from other relatives or advisors
• Experiencing grief, illness, or depression

The influencer is often in a position of trust—such as a child, partner, caregiver, or close advisor.

3. What Evidence Helps Prove Undue Influence?

Since there’s rarely direct evidence (like a recording), courts rely on circumstantial evidence, including:

• Sudden or drastic changes to the will
• Disinheritance of long-standing beneficiaries
• The testator’s dependence on the influencer
• Lack of independent legal advice
• Evidence of secrecy, isolation, or control
• Witness testimony from lawyers, doctors, or caregivers
• Medical records showing mental or emotional vulnerability

4. The Legal Test in Ontario

In Ontario, if a person challenging the will shows that the circumstances are suspicious, the burden shifts to the beneficiary who benefited from the will to prove there was no undue influence. This is known as the “shifting burden” doctrine, and it often plays a key role in will disputes involving family members or caregivers.

5. How a Lawyer Can Help

Estate litigation lawyers can:

• Help gather and preserve key evidence
• Obtain medical records or expert opinions
• Interview potential witnesses
• Challenge the validity of the will in court
• Seek mediation or resolution when appropriate

Key Takeaway

Proving undue influence in wills isn’t easy, but it is possible with the right evidence and legal guidance. If a will seems uncharacteristic, unfair, or created under suspicious circumstances, consult a lawyer early. The sooner you act, the stronger your case may be.

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