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.

In the construction of wills, the court’s primary purpose is to determine the intention of the testator (aka the will-maker). It is well settled law that the intention of a testator must be gathered from the language of the entire will, construed as a whole. It is only when the testator’s intention cannot be arrived at with reasonable certainty, by giving the natural and ordinary meaning to the words which he/she has used, that resort is to be had to the rules of construction which have been developed by the courts in the interpretation of other wills

As lawyers, it is important for us to advocate our client’s rights while always remaining objective. Objectivity - not pride, ego, vigor, greed, etc. - is the lawyers’ ‘sun’, whereas emotions are a lawyer’s ‘kryptonite’. Lawyers must balance the costs of litigation, with the merits of their client’s position. This is most true in cases involving family.

TRI-CITY LEGAL does not treat a will like a slice of Pepperoni or Hawaiian as opposed to online and virtual services.

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.

In Levi‑Bandel v. McKeen, 2011 BCSC 247, Mr. Justice Butler, then of this court, held that where the administration of an estate has “been brought to a standstill by the inability of co‑executrixes to carry out their duties, it is imperative that the court act to resolve the stalemate for the benefit of the beneficiaries.” I have concluded that the administration of this estate cannot move forward because the two administrators are intractably opposed to one another over most things that have to do with their late mother and her estate, as are the two camps of the family. In my view, this administration of this estate will not conclude and the assets of the estate will be consumed by the costs of this warfare unless both administrators are removed and a neutral administrator appointed.

Three (3) why you need an Estate Litigation Lawyer: have you been left out of your parent’s Will or left a smaller percentage of their Estate? Know, you have legal rights and recourse.