All About Estates

Tag: Undue Influence

Total 4 Posts

Videographers Beware

Occasionally, those hoping to demonstrate the capacity of a testator will film a video of the testator purporting to show that they were cognitively intact or that the will was a reflection of their independent and capable wishes. Unfortunately, the naïve interviewer makes the mistake of confusing the preservation of social graces…

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Philadelphia Phillies Co-Owner in Family Feud Over Trust Funds

With the most successful Toronto Blue Jays season in recent memory now over, another Major League Baseball team was in the news for less fortunate reasons. According to an article in the Philadelphia Inquirer, Philadelphia Phillies co-owner John Middleton is in litigation involving a claim by his sister, Anna Nupson….

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Summary Judgment Dismissed: Notes Support Suspicion of Undue Influence

The capacity assessor’s notes confirmed that the testator had testamentary capacity but also raised the issue of undue influence. Summary judgment dismissed on the issue of undue influence

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To Undue, or Not too Undue? What Does Undue Influence Look Like?

Absent threats and promises, can “working on” an elderly testator over a period of time constitute undue influence? A recent decision of the B.C. Court of Appeal upheld a trial judge’s decision finding that this kind of persuasion was enough to consitute undue influence.

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