What are the factors used to determine undue influence on a will?
Ontario, Canada
The following excerpt is from Slover v. Rellinger, 2019 ONSC 6497 (CanLII):
In Tate v. Gueguegirre, 2015 ONSC 844 (Div. Ct.), at para. 9, Corbett J. applied the same factors as identified by Penny J. in assessing the existence of undue influence, and added others, including: substantial pre-death transfers of wealth; using a lawyer previously unknown to the testator and chosen by the alleged influencer; the alleged influencer communicating instructions to the lawyer acting for the testator; the alleged influencer receiving a draft of the document prior to the testator.
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