Legal Question in Wills and Trusts in Canada

undue influence?

An elderly cousin died. He had no immediate family.Closest relatives are first cousins who had been on friendly terms all their lives. In the last few years of his life, 2 younger couples had befreinded him and kept in very close contact. When he was diagnosed with cancer earlier this year, one of these new freinds became his power of attorney. He and his wife helped him to go through all of his things, hauling some to the dump, and I believe some to their home, including a large cloth sack of coins that the old man's mother had saved from the 1800's to get them checked for value. (These were not returned to him). The couple took him out of hospital to see a lawyer to get his will done. The will names the couple as executors and beneficiary to the two family farms, as well as two houses in town, and all chattels. Any money goes to a charity of the executor's choice. None of the relatives, who have been part of this man's life for over 80 years were named in the will. This couple have recently inherited two other estates of people that they are not related to. Is it possible that they are just really nice people?


Asked on 12/04/06, 10:57 am

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: undue influence?

It is possible that they are just "really nice people" but from what you have described--unlikely. These are suspicious circumstances that should be investigated. The family members who would have inherited the estate under intestate legislation or a prior will should seek legal advice immediately from counsel who is experienced in estate litigation, particularly in matters of capacity, undue influence and proof in solemn form.

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Answered on 12/04/06, 3:09 pm


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