Suspicious Circumstances: Fluctuating Capacity of Testator
Issues of testamentary capacity and undue influence frequently arise when a new will is made under ostensibly suspicious circumstances: late in a testator’s life, while in the…
A Presumption of Undue influence Where one Party Can Dominate Another
The case of Longmuir v. Holland, 2000 BCCA 538 is a tale the presumption of undue influence and testamentary incapacity; and a dispute between two nieces of a widow…
Undue Influence, Mental Illness, Trusts and Life Estates
This case raised issues of mental illness, trusts, life estates, and the presumption of undue influence. The case concerned the estates of Annie Sanofsky and her daughter,…