Challenging the Validity of a Last Will and Testament on the Basis of Undue Influence

Creating a Last Will and Testament is an essential step for individuals who wish to ensure their assets are distributed according to their wishes after death. However, disputes can arise regarding the validity of a will, particularly when there are allegations of undue influence. This blog post aims to provide an overview of what undue influence entails, how it can be challenged in court, and the legal implications involved in such cases.

Understanding Undue Influence

Undue influence occurs when an individual exerts excessive pressure on another person, overriding their free will to create or alter their will. This manipulation often exploits a relationship where one party is in a position of power, whether due to emotional, physical, or financial dependency. Common scenarios might involve an aging parent whose will is changed at the behest of a child or caregiver, leading to suspicions about the legitimacy of the document.

Legal Standards for Undue Influence

To successfully challenge a will based on undue influence, plaintiffs typically must demonstrate several key elements:

1. A confidential relationship existed: This could be between the testator (the person who made the will) and the influencer. Such relationships include spouses, children, or caregivers, where one party relies on the other for emotional or financial support.
2. The influencer had access to the testator: The challenger must show that the alleged influencer had the opportunity to exert influence over the testator during the will-making process.
3. The will’s provisions favor the influencer: If the will contains provisions that disproportionately benefit the person accused of exerting undue influence, this can suggest impropriety.
4. The testator’s capacity was impaired: This could mean that the testator was suffering from a mental incapacity or other conditions that affected their ability to make sound decisions when creating the will.

How to Challenge a Will

Challenging a will on the grounds of undue influence typically involves a legal process:

1. Gather Evidence: Collect documentation, witness statements, and any other relevant information that supports the claim of undue influence. This may include medical records, previous wills, or communications showing the nature of the relationship between the testator and the influencer.
2. Hire an Attorney: For most people, launching a court action in which the provisions of a will are challenged is beyond the capabilities of most people. It is therefore important to engage with an attorney who specializes in estate law and is experienced in handling will contests. They can provide insightful advice on the specifics of your case and the best course of action. A lengthy court action can be very expensive and, in New Brunswick, the losing party can be ordered by the court to pay some, or even all, of the victorious party’s legal costs.
3. File a Petition in Court: The challenge must be formally filed in the appropriate court, often as part of the probate process. The court will require all involved parties to present their case and provide evidence.
4. Attend a Hearing: Both sides will have the opportunity to present arguments and evidence. The judge will then make a determination regarding the validity of the will.

Potential Outcomes

If the court finds that undue influence occurred, the will may be declared invalid, reverting to a previous version or following the laws of intestacy, which govern the distribution of assets when a person dies without a valid will. Conversely, if the challenge is unsuccessful, the will in question will stand, and the estate will be distributed according to its terms.

Conclusion

Challenging a Last Will and Testament on the grounds of undue influence is a serious matter and requires a solid legal foundation. While there are valid reasons to scrutinize a will, it is essential to approach such disputes with caution, as they can lead to fractured family relationships, prolonged legal battles and significant expense. If you suspect undue influence has tainted a will, seeking legal advice early in the process will strengthen your position and help ensure that the final wishes of the deceased are respected.

Grant Edward Rayner B.Comm., LL.B.