What Is Undue Influence in Estate Planning?

Undue influence happens when someone is pressured—often an elderly or vulnerable individual—into making a will or estate decision they wouldn’t otherwise make. And no, it doesn’t always involve your pet menacingly pointing a bow and arrow.

In real life, undue influence is far more subtle. It can involve a caregiver isolating the testator, a child dictating terms, or a friend manipulating with guilt. The law takes it seriously because a will should reflect your wishes, not someone else’s wishlist.

Why Does Undue Influence Matter?

Because if it’s proven, the will—or the affected part of it—can be declared invalid. That means your estate could end up being distributed as if the will didn’t exist at all. Cue family fights, legal costs, and drama worthy of a Netflix mini-series.

In Ontario, the burden of proving undue influence usually falls on the person challenging the will. But courts will scrutinize situations where:

• A major beneficiary was heavily involved in preparing the will
• The testator was elderly, ill, or dependent
• There’s a sudden, unexplained change in beneficiaries
• The will favors someone who had a position of trust (like a caregiver or close relative)

How to Protect Your Will From Claims of Undue Influence

Here’s how you can help bulletproof a will:

• Use an independent lawyer: We work directly with the testator—alone—to ensure their wishes are freely given.
• Document everything: We keep notes about capacity, instructions, and who was present.
• Avoid DIY wills: The cheaper route often leads to the more expensive mess.
• Consider a capacity assessment: If there’s a chance someone might later challenge the will, a doctor’s note can go a long way.
• Update regularly: A well-maintained will is harder to contest than one dusted off from 1997.

Real Talk: What Does This Mean for You?

If you’re looking to get a will—or if you’re acting as an executor—you want to make sure nobody can argue that someone was pressured, coerced, or bamboozled into their final wishes. That’s where we come in.

At LLDG in Etobicoke, we help individuals and families protect their legacies. Whether you need help with a will, administering an estate, or anything inbetween, we’ve seen it all—and we handle it all with skill, care.

Book a confidential consultation with our wills and estates team today. We’ll help make sure your wishes are followed, not fetched.