All About Estates

Tag: will challenges

Total 2 Posts

More than a Suspicion: The Minimal Evidentiary Threshold

A recent Ontario decision, Martin v. Martin [1], considered the minimal evidentiary threshold required to obtain documentary discovery in a will challenge as set out in Seepa v. Seepa.  For further background on Seepa, read Rebecca Studin’s previous blog post on that decision. In Martin, the Applicant (the named Estate…

Continue Reading

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.

Continue Reading