Published on mondaq.com
By Elikem Deley and Zachary D’Amico
October 18TH, 2024
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.
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.
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… 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.
