1.  What Does Alberta Law Say?

2. What Is Not Undue Influence?

3. Factors the Court May Consider

4. Undue Influence Is Different From Testamentary Capacity

5. Evidence in Undue Influence Cases

6. How the Process Works

7. Common Mistakes

8. Costs and Considerations

9. When Should You Speak With an Estate Lawyer?

10. How Bridgestone Law Can Help

Introduction

A will should reflect the genuine wishes of the person making it. While family members, friends, or advisors may naturally discuss estate planning and offer opinions, the final decisions must always be made freely and independently by the testator. If another person exerts such significant pressure or control that the will no longer represents the testator's own intentions, the will may be challenged on the basis of undue influence.

Undue influence is one of the most common grounds for contesting a will in Alberta, but it is also one of the most misunderstood. Simply persuading someone, expressing an opinion, or encouraging them to change their will does not necessarily amount to undue influence. The law recognizes that people often seek advice from those they trust. A legal problem arises only when influence becomes coercion or manipulation that effectively overrides the testator's free will.

These cases often involve elderly or vulnerable individuals who have become dependent on another person for care, companionship, transportation, or financial assistance. However, undue influence can occur in many different types of relationships, including those involving family members, caregivers, friends, or others in positions of trust. Determining whether undue influence occurred requires a careful examination of the surrounding circumstances and the available evidence.

Understanding what undue influence means, how Alberta courts assess these claims, and how it differs from ordinary persuasion can help executors, beneficiaries, and families better understand when a will may be vulnerable to legal challenge.

What Does Alberta Law Say?

In Alberta, every person who makes a will has the right to decide how their estate will be distributed, provided those decisions are made freely and voluntarily. The law recognizes that family members, friends, and advisors often discuss estate planning with the testator, and simply offering advice or expressing an opinion does not invalidate a will.

However, if another person exerts such significant pressure or control that the testator's own wishes are replaced by someone else's, the will may be challenged on the basis of undue influence.

Undue influence involves more than persuasion.

It generally refers to conduct that overcomes the testator's free will through coercion, manipulation, intimidation, or other improper pressure, causing the person to make decisions they would not otherwise have made.

What Is Not Undue Influence?

Many people mistakenly believe that any involvement in a person's estate planning amounts to undue influence.

In reality, the following situations do not automatically establish undue influence:

• discussing inheritance wishes with the testator;

• encouraging someone to update their will;

• providing caregiving or daily assistance;

• accompanying the testator to legal appointments;

• receiving a larger inheritance than other family members; or

• benefiting from a new will.

While these facts may become relevant when considered together with other evidence, they do not, on their own, prove that undue influence occurred.

Factors the Court May Consider

When deciding whether undue influence existed, Alberta courts examine the surrounding circumstances as a whole.

Relevant factors may include:

• whether the testator was vulnerable because of age, illness, or dependency;

• the nature of the relationship between the testator and the beneficiary;

• whether the beneficiary isolated the testator from family or friends;

• whether the beneficiary arranged meetings with the lawyer or participated in giving instructions;

• whether significant changes were made to previous wills;

• whether the testator appeared fearful or dependent; and

• whether there is evidence that the will does not reflect the testator's genuine intentions.

No single factor is usually determinative. Instead, the court considers all of the evidence together.

Undue Influence Is Different From Testamentary Capacity

Although the two issues often arise together, undue influence and testamentary capacity are separate legal concepts.

A person may have full testamentary capacity but still be subjected to improper pressure that overrides their independent decision-making.

Conversely, a person may lack testamentary capacity even if nobody attempted to influence them.

Because these issues involve different legal tests, both may need to be considered when assessing the validity of a will.

Evidence in Undue Influence Cases

Claims of undue influence are often difficult because coercion rarely occurs in front of independent witnesses.

Courts may therefore consider a wide range of evidence, including:

• medical records;

• the lawyer's file and meeting notes;

• witness testimony;

• emails, letters, and text messages;

• evidence from caregivers or healthcare providers;

• previous wills;

• financial records; and

• testimony regarding the deceased's relationships and living circumstances.

Where a lawyer meets privately with the client, carefully assesses their wishes, and maintains detailed notes, this evidence can be particularly important in determining whether the will truly reflected the testator's independent intentions.

Ultimately, every allegation of undue influence depends on its own facts. Alberta courts carefully review all of the available evidence before deciding whether the testator acted freely or whether improper influence affected the validity of the will.

How the Process Works

Step 1: Concerns About Undue Influence Arise

Questions about undue influence often arise after the testator has died, particularly when a new will makes significant changes to a previous estate plan.

Family members may become concerned if, for example:

• a long-standing beneficiary has been removed from the will;

• a caregiver or recent acquaintance receives a substantial inheritance;

• the deceased became isolated from family before signing the will;

• someone else appeared to control the deceased's financial or personal affairs; or

• the circumstances surrounding the preparation of the will seem unusual.

These concerns alone do not establish undue influence, but they may justify further investigation.

Step 2: Evidence Is Gathered

Because undue influence is rarely witnessed directly, the court relies on the surrounding evidence to determine what likely occurred.

Relevant evidence may include:

• medical records;

• the drafting lawyer's file and notes;

• witness statements;

• previous wills;

• emails, letters, and text messages;

• financial records;

• caregiving records; and

• evidence describing the deceased's relationships and level of independence.

The goal is to determine whether the will reflects the testator's own wishes or whether another person's influence overpowered their independent decision-making.

Step 3: A Court Application Is Commenced

If there are reasonable grounds to believe undue influence occurred, an interested person may commence a court proceeding challenging the validity of the will.

The executor and beneficiaries are typically notified of the claim and have an opportunity to respond.

Depending on the issues involved, the litigation may include:

• affidavits;

• documentary disclosure;

• examinations under oath;

• expert reports;

• mediation; or

• a trial if the dispute cannot be resolved.

Many estate disputes are settled before trial through negotiation or mediation.

Step 4: The Court Reviews the Circumstances

Unlike some legal disputes, undue influence is often established by considering the overall circumstances rather than a single piece of evidence.

The Court may examine questions such as:

• Was the deceased dependent on another person?

• Did someone isolate the deceased from family or trusted advisors?

• Who arranged the meeting with the lawyer?

• Did the lawyer meet privately with the testator?

• Did the deceased clearly explain the reasons for the changes?

• Were the changes consistent with previous wishes?

• Did the beneficiary participate in giving instructions for the will?

The Court considers all of the available evidence before determining whether the will reflects the deceased's genuine intentions.

Step 5: The Court Determines Whether the Will Is Valid

After reviewing the evidence, the Court may:

• uphold the will as valid;

• determine that undue influence affected all or part of the will;

• declare the will invalid;

• recognize an earlier valid will;

• order the estate to be administered under Alberta's intestacy laws if no valid will exists; or

• make other orders necessary to properly administer the estate.

Every case depends on its own facts, and the outcome will be based on the evidence presented rather than assumptions or family disagreements.

Practical Examples

Example One: A Caregiver Becomes the Primary Beneficiary

Margaret becomes increasingly dependent on a caregiver who assists with her daily needs.

Shortly before her death, Margaret signs a new will leaving nearly her entire estate to the caregiver instead of her children.

The Court reviews medical records, the lawyer's file, witness testimony, and evidence regarding Margaret's relationship with the caregiver to determine whether the new will reflects her independent wishes or resulted from undue influence.

Example Two: Independent Advice Protects the Will

Robert decides to leave a larger share of his estate to one daughter because she cared for him for many years.

His lawyer meets with him privately, confirms that no one else is present during the discussions, carefully reviews his reasons for the unequal distribution, and records detailed notes about Robert's decision-making.

After Robert's death, the other beneficiaries allege undue influence. However, the independent legal advice and thorough documentation help demonstrate that Robert acted freely and voluntarily.

Example Three: A Challenge That Does Not Succeed

Susan changes her will after becoming closer to a long-time friend who provided companionship during her later years.

Although some family members believe the friend persuaded Susan to make the change, there is no evidence of coercion, manipulation, or improper pressure.

The lawyer's notes confirm that Susan understood her decisions, met privately with counsel, and clearly explained her reasons for changing the will. The Court concludes that Susan acted independently, and the will remains valid.

Common Mistakes

Assuming Influence Is Always Improper

One of the most common misconceptions is that any influence over a person's decisions makes a will invalid.

In reality, influence is a normal part of many family relationships. Children may discuss estate planning with parents, spouses may make decisions together, and trusted friends may offer advice.

The law only becomes concerned when that influence crosses the line into coercion, manipulation, or pressure that overrides the testator's independent wishes.

Confusing Unequal Gifts With Undue Influence

Family members often assume that an unequal distribution proves someone improperly influenced the deceased.

However, a person with testamentary capacity is generally free to:

• leave unequal inheritances;

• exclude certain relatives;

• benefit one child more than another;

• leave gifts to caregivers or charities; or

• significantly change previous wills.

These decisions may seem surprising or unfair, but they do not, by themselves, establish undue influence.

Failing to Obtain Independent Legal Advice

One of the best ways to reduce the risk of future litigation is ensuring that the testator receives independent legal advice.

Where the lawyer meets privately with the client, carefully assesses their wishes, and confirms that instructions are given voluntarily, there is often stronger evidence that the will genuinely reflects the testator's intentions.

Allowing beneficiaries or caregivers to dominate meetings with the lawyer can create unnecessary concerns if the will is later challenged.

Waiting Until After Capacity Has Declined

Undue influence claims often arise alongside questions about testamentary capacity.

If a person delays updating their will until they are experiencing significant cognitive decline or increased dependence on others, it may become more difficult to demonstrate that their decisions were made freely and independently.

Reviewing and updating a will while the individual clearly has capacity can often reduce the likelihood of future disputes.

Relying on Suspicion Instead of Evidence

Many families suspect undue influence because the deceased's decisions were unexpected.

However, courts require evidence.

Medical records, witness testimony, the lawyer's notes, correspondence, and other objective evidence generally carry much greater weight than speculation or family disagreements.

Costs and Considerations

Allegations of undue influence frequently arise in estate litigation and can significantly increase both the cost and duration of administering an estate.

Potential expenses may include:

• legal fees;

• Court filing fees;

• medical record requests;

• expert witness fees where appropriate;

• mediation costs;

• document production expenses; and

• trial costs if the matter cannot be resolved.

The overall complexity of the case will depend on factors such as:

• the amount of available evidence;

• the number of witnesses;

• the deceased's medical history;

• whether testamentary capacity is also disputed;

• the existence of previous wills; and

• whether the matter proceeds to trial.

Many disputes settle before trial through negotiation or mediation, particularly where the parties receive early legal advice and have access to complete information regarding the preparation of the will.

When Should You Speak With an Estate Lawyer?

Professional legal advice may be particularly valuable if:

• you believe someone pressured a loved one into changing their will;

• you suspect undue influence combined with concerns about testamentary capacity;

• a caregiver or recent acquaintance has become a significant beneficiary;

• substantial changes were made to a previous estate plan shortly before death;

• you are an executor responding to allegations of undue influence;

• you are considering challenging the validity of a will; or

• you are uncertain about your legal rights or obligations.

An experienced estate lawyer can review the available evidence, explain the legal test for undue influence, advise whether a challenge may be appropriate, and represent your interests throughout the estate litigation process.

How Bridgestone Law Can Help

Undue influence is one of the most complex issues in estate litigation because it often involves subtle forms of pressure rather than obvious misconduct. Alberta courts carefully examine the surrounding circumstances to determine whether a will truly reflects the testator's independent wishes. Whether you are preparing a will, responding to allegations of undue influence, or considering a legal challenge, obtaining timely legal advice can help protect your rights and reduce the risk of unnecessary disputes.

Bridgestone Law assists individuals, executors, beneficiaries, and families throughout Calgary and Alberta with estate planning, probate, estate administration, will disputes, and estate litigation. Whether you have concerns about undue influence, testamentary capacity, or the validity of a will, our experienced estate lawyers can provide practical advice and effective representation tailored to your circumstances.