Will Disputes Involving Undue Influence
A will-maker must be of clear mind when preparing his or her will. He or she must also be free of any influences that are inappropriate to the extent of making the will invalid as a matter of law. At our Vancouver law firm, Edward F. Macaulay Law Corp, we act for individuals whose loved one’s will is in question because there may have been a case of undue influence.
Understanding Undue Influence
Similar to situations where a testator lacked mental capacity, a testator’s will may be invalidated by a court if it is shown there was a person who influenced the will-maker to such a degree that the desires expressed in the will were not the testator’s own.
Someone may be unduly influenced by an individual from inside or outside the family. It may involve the exertion of pressure or coercion on the will-maker to distribute his or her assets in a certain way, perhaps as a result of causing estrangement between family members.
Proving Undue Influence
Under the law, it is up to the party claiming there has been undue influence to prove it happened. A lawyer can help you to decide whether your loved one was the victim of undue influence and if so, whether launching legal action is in your best interest.
Our firm’s founding lawyer, Edward F. Macaulay, has focused exclusively on estate litigation and adult guardianship issues since starting his own practice in 2000. Prior to striking out on his own, he was an associate at a successful Vancouver law firm for many years.
Contact Us For A Professional Opinion
If you seek legal information about the legitimacy of a loved one’s will, our undue influence claims lawyer in Vancouver can help. Call us at 604-259-2896 or toll free at 800-401-4983 or contact us online to arrange a consultation.