What is the case law on undue influence?
Ontario, Canada
The following excerpt is from Zerbinati v. The Children’s Lawyer et al, 2014 ONSC 4565 (CanLII):
Circumstantial Evidence: “Undue influence is a subtle thing, almost always exercised in secret, and usually provable only by circumstantial evidence” Cullity J. in Scott v. Cousins, [2001] OJ No.19 ¶ 48 citing Atkinson on Wills (2nd edition, 1953) pg. 638
Variation From Previous Wills “The fact that the will departs radically from the dispositive pattern of previous wills has also been regarded as having some probative force.” Cullity J. in Scott v. Cousins, [2001] OJ No.19 ¶ 114
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