Is there any evidence of duress, or of preventing the grandchildren from seeking and obtaining information from the grandchildren?
Ontario, Canada
The following excerpt is from Sheard Estate, 2013 ONSC 7729 (CanLII):
There is no question here of duress, or of the grandchildren being prevented from seeking and obtaining information. This is not a case of holding the bequests to ransom. The beneficiaries were provided with their bequests at the same time as they were asked to sign the releases. This is not a case like Rooney Estate v. Stewart Estate [5] where the estate solicitor demanded a release from the beneficiary before delivering his accounts, and also implied payment to the beneficiary was conditional upon delivery of a release. There, the court noted the failure to suggest independent legal advice was a vitiating factor in terms of the releases. Here there are no such allegations.
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