Undue Influence Revisted
In a judgment released this week, Taylor-Reid v. Taylor 2016 ONSC 4751, the Ontario Superior Court has once again demonstrated just how difficult it is to set aside a Will on the basis that it was procured by undue influence.
The Deceased died September 22, 2011. He was survived by his second wife, Shirley and his two children, Andrea and Kenneth.
The Deceased left a Will that named Shirley as the sole beneficiary of his Estate. Prior to the Deceased’s death, he transferred various assets held solely in his name or jointly with Andrea to Shirley. He also changed his several beneficiary designations from Andrea to Shirley.
Almost two years after the death of the Deceased, Andrea commenced an action against Shirley on the grounds that the Deceased’s Will (and various beneficiary designations in favour of Shirley) were invalid as a result of Shirley’s undue influence. The basis of Andrea’s claim was solely on allegations that Shirley “verbally or implicitly” threatened to leave the Deceased or divorce him immediately if he did not comply with her demands to make the Will, change the beneficiary designations, transfer the assets to her solely, and completely exclude Andrea from his Estate.
To support her claim, Andrea argued that there were suspicious circumstances surrounding the making of the Will and the beneficiary designations benefitting Shirley thereby giving rise to a presumption of undue influence.
The Court held that the principle of suspicious circumstances only becomes relevant when a Will is being challenged on the basis of knowledge and approval or lack of testamentary capacity. Accordingly, no presumption of undue influence arises where a party seeks to set aside a Will solely on the ground of undue influence.
Shirley brought a motion for summary judgment pursuant to Rule 20 of the Rules of Civil Procedure claiming that Andrea’s claim disclosed no genuine issue to be tried. In granting the motion for summary judgment, the Court concluded that Andrea’s claim of undue influence must be unsuccessful because Andrea failed to put forward any corroborating evidence (required by section 13 of the Evidence Act, R.S.O. 1990, c.E.23).
Have a nice weekend!
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