WestlawNext Canada insight Blog

Digest of the Week — Undue Influence

Gironda v. Gironda |  (WestlawNext Canada)
2013 CarswellOnt 8612 |  (Westlaw Canada)
Ontario Superior Court of Justice

Estates and trusts | Estates | Will challenges | Undue influence | Source of influence | Family member

C was mother to four sons: F, J, S, and V — In 2005, C made will leaving home to V — At same time, C made new powers of attorney for property and personal care, changing her attorney from F and J jointly to V alone — In 2008, C transferred home to V for consideration of two dollars, retaining life interest — In 2011, C suffered fall resulting in intracranial bleed — C subsequently resided at retirement home — J, F, and S brought application challenging will and powers of attorney, as well as property transfers, and seeking declaration that C was currently incapable and order appointing F and J as guardians of C and property — Application granted in part, on other grounds — In 2005, C knew and approved of contents of her will and had sufficient capacity to make new will — Applicants did not show that C was unduly influenced by V in 2005 to change her will or powers of attorney — There were grounds for suspicion, but not evidence to establish presence of undue influence on balance of probabilities — C understood extent of her assets, comprehended claims of those who might expect to benefit from will, understood impact and distribution of assets, and was free of disorder of mind that might influence disposition of assets.
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