The history of the parties relationship is vital to an examination of capacity where undue influence is, or could be, present period indications for the potential for undue influence include where the testator is dependent on the beneficiary for emotional and physical needs, where the testator is socially isolated, where the testator has experienced recent family conflict, where the testator has experienced recent bereavement, where the testator has made a new will not consistent with prior wills , and where the testator has made testamentary changes simultaneously with change to other legal documents such as powers of attorney. See Gironda v. Gironda, 2013 ONSC 4133.
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