Undue Influence is a legal doctrine to prevent elder individuals from being taken advantage of by others; most often, their children or spouses.

The deceased in this case had six children and left no will; she had passed away in 2015. Three years prior to her death, at the age of 81, the deceased purchased a home with her youngest child (“Brad”) naming him as a Joint Tenant; Brad did not contribute any monies to the purchase of the home yet was named as a Joint Tenant. As Madam Justice D. MacDonald described: “Brad and [the Deceased] had an unconventional mother/son relationship. He spent almost every day with [the Deceased] from 2002 until her death in 2015. After they moved to the Sunshine Coast, Brad was [the Deceased’s] only companion. She had little contact with her other children after they moved.

Pleading undue influence places the burden of proof on the Beneficiary to confirm there was no such influence. TRI-CITY LEGAL has extensive experience prosecuting Undue Influence claims and can assist anyone that may have been disinherited due to suspicious circumstances: examples of such circumstances include, but are not limited to, the following:

-when the unequal transfer of the will-maker’s property occurs a short-time before his/her passing; and/or

-when the will-maker’s first Will is amended, unequally dividing the will-maker’s estate/assets/funds a short-time before his/her passing.