In a recent decision by the Superior Court of Justice of Ontario, Shapiro v. Shapiro, 2024 ONSC 4457 (CanLII), two wills were upheld as valid despite objections from the deceased's husband and daughter, who alleged that the estate trustee, the deceased's son, and his wife had unduly influenced her to reduce their inheritances.
Background
The case arose following the death of a woman in June 2020, who had executed two wills in October 2018. Under these wills, her husband was to receive $250,000 and a life interest in the Matrimonial Home, while her daughter was bequeathed only specific items of jewelry. The deceased's son was set to inherit the entire residue of the estate, valued at approximately $7 million.
Both the husband and daughter contested the wills, claiming undue influence from the son and his wife. They argued that the couple had manipulated the deceased into believing her husband had sufficient savings and that the daughter was involved with her estranged husband, who might gain access to her inheritance.
Court Findings
The court ruled in favor of the son, granting his application for a certificate of appointment as estate trustee and confirming his authority to administer the estate according to the wills. The court examined several factors to assess the allegations of undue influence:
- Dependence on Beneficiaries: While the deceased relied on her son and his wife for physical assistance, she was not emotionally or socially dependent on them to a degree suggesting undue influence.
- Social Relationships: The deceased maintained numerous close relationships, including with friends, her lawyer, and accountant, indicating she was not socially isolated.
- Family Conflict: Despite existing conflicts within the family, particularly between the daughter and son, the court found no evidence that these conflicts were exploited to influence the deceased.
- Consistency with Previous Wills: The changes made in the 2018 wills aligned with earlier modifications to her estate plan, reflecting a gradual reduction in the daughter's inheritance due to concerns about her estranged husband.
- Pre-Death Transfers: Financial gifts and support provided to the son and his wife during the deceased's lifetime were consistent with tax planning and aimed at enhancing family well-being.
Conclusion
The court concluded that the son and his wife did not unduly influence the deceased in making changes to her will. Consequently, the son was authorized to act as estate trustee, ensuring that the estate would be administered according to the terms laid out in the valid wills. This ruling underscores the importance of assessing claims of undue influence within the context of the deceased's broader relationships and intentions.
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