Legal Blog

Capacity and Undue Influence

De Smedt v. Cheshire 2023 Ont SCJ

2017 will challenged on grounds of undue influence and lack of capacity. Judge held no undue influence because son got involved only when hospital requested a POA for personal care. Willmaker and lawyer, not son, came up with concept of preparing and signing the new 2017 will. Judge, however, held that the willmaker lacked capacity; the medical evidence of dementia overwhelmed the lawyer’s inadequate evidence on capacity, inadequate investigations, and inadequate notes.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.