Undue influence

Total 45 Posts

Medical Records and Will Challenges: Know the Limits

• • 0 Comments

In will challenges, it is common for parties to seek disclosure of the testator’s medical records, particularly when there are allegations of undue influence or lack of testamentary capacity. While courts are often inclined to grant requests for medical records, the requests must be justifiable in relation to the litigation. This topic was addressed in the recent decision, Farooque v Korba, 2026 ONSC 3124 (CanLII), discussed below. Background The Deceased….

Medical Records and Will Challenges: Know the Limits Continue Reading »

Appeals, Contested wills, Estate Litigation, Undue influence

Clarification from the Québec Court of Appeal on Access to Testamentary Documents and Notarial Professional Secrecy

• • 0 Comments

This blog has been written by Frédéric Barriault, counsel, at Fasken LLP The decisions in Bigras (Succession de Lefrançois) c. Faille‑Lefrançois (2025 QCCA 481) and Contant c. Rivet (2025 QCCA 831) provide important clarification of Québec law regarding access to testamentary documents and the lifting of the notary’s professional secrecy in the context of challenges to the validity of a will. Both judgments build on prior jurisprudence, particularly Tanzer and….

Clarification from the Québec Court of Appeal on Access to Testamentary Documents and Notarial Professional Secrecy Continue Reading »

Contested wills, Estate Litigation, Testamentary Capacity, Undue influence

Trusteeship Part 2: Avoiding Pitfalls—Best Practices for Estate Trustees

• • 0 Comments

Today’s blog has been written by Latoya Brown, Associate, at Fasken LLP In Part 1 of this series, we explored the importance of selecting the right trustee, using Jones v. Jones[1] to highlight what can go wrong when a trustee lacks a clear understanding of their fiduciary obligations. In this follow-up, we turn to what happens after the appointment—how trustees can fulfill their duties effectively and avoid the kind of….

Trusteeship Part 2: Avoiding Pitfalls—Best Practices for Estate Trustees Continue Reading »

Estate Litigation, Estate Planning, Property, Trustee, Undue influence, Wills

Contract Law in Estate and Guardianship Litigation

• • 0 Comments

In estate or guardianship litigation, disputes may arise in respect of contracts purportedly made by an individual before his or her death or by an attorney for property on behalf of the grantor. While it is trite that such agreements may be set aside on the basis of incapacity or undue influence (topics which have been discussed extensively in previous AAE blogs), it is important to consider some of the….

Contract Law in Estate and Guardianship Litigation Continue Reading »

Contracts, Estate Litigation, Executors, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influence

Suffering In Silence: A Closer Look at Elder Abuse

• • 0 Comments

This blog post was written by Dave Madan, Senior Manager, Scotiatrust Elder abuse remains one of the most underreported and misunderstood social issues, often concealed beneath the veneer of familial obligations and trust-based relationships. For professionals, understanding the intricate dimensions of elder abuse is not only a matter of professional competence but also a moral imperative. Elder abuse transcends socioeconomic boundaries, manifesting in affluent communities as well as modest households,….

Suffering In Silence: A Closer Look at Elder Abuse Continue Reading »

Caregiving, Elder Care, Elder Law, Elder Management, Guardianship, Uncategorized, Undue influence

Undue Influence: A Primer

• • 0 Comments

Generally, the validity of a last will and testament can be challenged on the basis of: (i) lack of testamentary capacity; (ii) undue influence; (iii) lack of knowledge and approval of the will; and/or (iv) fraud. While allegations relating to undue influence often go hand-in-hand with claims relating to lack of testamentary capacity, it is not always so. In fact, undue influence may exist even where the testator has capacity….

Undue Influence: A Primer Continue Reading »

Contested wills, Courts, Estate Litigation, Undue influence, Wills
Scroll to Top