What is the burden of establishing undue influence in a will?
Ontario, Canada
The following excerpt is from Trotter Estate, 2014 ONCA 841 (CanLII):
The high burden of establishing undue influence rests with the party asserting it. However, circumstantial evidence can be used by those challenging a will to discharge their burden – otherwise, “undue influence would cease to have much practical significance in the law of wills”: Scott v. Cousins, at para 48.
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