When a loved one passes away, families can sometimes disagree about whether their will truly reflects their wishes. One common reason people challenge a will is undue influence. This refers to situations where someone pressures or manipulates the person making the will into leaving assets in a way that they might not have chosen on their own.
These disputes can be stressful and emotional. At Verhaeghe Law, our Edmonton estate litigation lawyers help families work through claims like these and protect their loved one’s true intentions. If you’re concerned about a will, contact us today to discuss your situation.
What Does “Undue Influence” Mean?
Undue influence happens when someone is persuaded, pressured, or even taken advantage of while making a will or estate plan. Instead of making decisions freely, the person is influenced in a way that benefits someone else unfairly.
This often occurs when there’s a power imbalance. For example, if an elderly or vulnerable person depends heavily on a caregiver, family member, or close companion.
Warning Signs of Undue Influence
Every family situation is different, but some warning signs may point to undue influence:
- The person is isolated from other family and friends
- They become dependent on one indiv idual for care or money
- There are sudden changes to their will that seem unusual
- The will is prepared in secrecy, without others knowing
- The person seems weakened or vulnerable due to age, illness, disability, or other circumstances
- And more
How Do You Prove Undue Influence in Alberta?
Challenging a will for undue influence can be complicated. In most cases, the person bringing the claim has to show that there is enough evidence that pressure or manipulation took place. In some situations–such as when there’s a relationship of trust or dependency–the responsibility may shift to the other side to prove that the will was made freely.
Evidence of undue influence you can provide might include:
- Testimony from friends, family, or doctors
- Medical records showing the person’s health at the time
- Financial records or sudden changes in beneficiaries
- Details about how and when the will was made
- And more
Because these cases rely so much on evidence and context, it’s important that you seek legal advice early on. An estate litigation lawyer can assess your circumstances, available evidence, and more.
What Can the Court in Alberta do if Undue Influence is Proven?
If a court decides that undue influence did take place, it can:
- Cancel the will entirely or in part
- Bring back an earlier version of a will, if one exists
- Apply intestacy laws, which decide who inherits when there is no valid will
In Alberta, intestate succession normally gives the government control over who will inherit what assets from an estate once probate is complete.
These outcomes can make a big difference in how an estate is divided. If you want to know how an estate may be affected should you choose to pursue an undue influence claim, a legal professional can advise you.
Questions About Undue Influence? Contact Verhaeghe Law Today
Undue influence claims can create tension in families and change the way an estate is divided. If you believe a loved one’s will was not made freely, it’s important to act quickly to protect your rights.
At Verhaeghe Law, our Edmonton estate litigation lawyers are here to guide you through the process and stand up for your loved one’s wishes. Contact us today for a consultation to discuss your legal options.