Estate Planning

Proving Undue Influence Between Spouses

By Hull & Hull LLP

The BBC has reported on the successful challenge of a mother's Will by her daughter, Christine Gill, which had left more than £2m to the Royal SPCA.  What was remarkable was the fact that the daughter argued that her father unduly influenced her mother, who suffered from an anxiety disorder, into making a Will she did not want to make.  Certainly this is a rare case.

The BBC noted that this was "just the latest in a long line of high profile, and often bitter, disputes surrounding the estates of deceased family members."

The article went on to note that "it is difficult to pinpoint the exact reasons for such an increase, but the increased wealth generated by many ordinary people over the past two decades has been an obvious factor.  Other influences have been the sharp increases in house prices in the past decade or so, the current recession, and increasingly complex family structures, often with children from two or more marriages." 

In commenting on the Gill case, it was noted that the RSPCA, being a registered charity with a statutory duty to safeguard its assets, will likely feel compelled to appeal.

Have a great weekend!

David M. Smith

Full post as published by Toronto Estate Law Blog on March 12, 2010 (boomark / email).