Legal Question in Wills and Trusts in Canada
contesting a will
my brother in hospital dying from cancer told me he had given instructions to his financial advisor to change the beneficiary on 50% of his investments to name my mother and me.When his common law spouse heard this she refused to visit him untill he recinded the instructions. He finally capitulated because he was just to tired to argue. We have several third party witnesses to his instructions but wish to know if we have a leg to stand on in contesting that portion of his will??
1 Answer from Attorneys
Re: contesting a will
Yes. If a person is coerced into doing or not doing something in connection with his will the laws of undue influence come into play. A threat, explicit or implied can be constued as undue influence. The legal effect of undue influence is to overturn the benefit that the influencer receives.
This is a difficult area of law. You need a lawyer who is skilled in estate litigation and you cannot wait to assert your claim. In Alberta you could file a caveat at the court but depending on the laws of the place where your brother lived different rules may apply. In these matters it is wise to move very quickly. Depending on how your brothers estate is structured property can be moved very quickly, or not. If the commonlaw wife can gain possession of the property in the absence of a court order you may never find it--or her.
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