Estate Planning Update: Ontario Court Clarifies “Undue Influence” in Will Challenges

A recent decision from the Ontario Superior Court is reminding families and planners alike that clear documentation and communication are critical when drafting a will, particularly when adult children are involved.

In Barsoski v. Wesley, the Court upheld the validity of a mother’s will despite one of her children alleging that the other had unduly influenced her into changing her estate plan. The mother had left the bulk of her estate to one child, citing a long history of estrangement and lack of contact with the other.

What the Court Said

The judge found no undue influence. Key to the decision was that the testator (the mother) was mentally competent, had a clear rationale for her choices, and importantly had met with her lawyer alone when giving instructions for the will. The court emphasized that independence of legal advice and a clear paper trail are strong evidence of a valid and voluntary testamentary decision.

What This Means for You

This case reinforces the importance of:

• Using an experienced estate planning lawyer to draft your will

• Documenting your intentions clearly, especially if your plan departs from equal distribution

• Ensuring the testator meets with counsel privately to avoid any appearance of pressure
  

Family disputes over inheritance are becoming more common as wealth transfers between generations. If you’re concerned about potential challenges to your will or if you're helping a loved one plan their estate, proactive legal advice is essential.