Contesting Wills and Estate Plans

Contesting the validity of wills and estate plans because of undue influence and/or a lack of capacity is the primary area of estate litigation. At the end of life, people often lose capacity and can be more easily influenced particularly because they become dependent upon others. Difficult cases often involve the combination of these two factors when diminished capacity is mixed with increased reliance upon others.

Individuals with diminished capacity can often be lead to make estate decisions that are contrary to plans made at an earlier time, when they had greater capacity or less dependence upon others. Below are a select group of reported decisions by the Supreme Court and Court of Appeal for which Kenneth Friesen has been counsel in this area: