Capacity and Undue Influence: Diminished Will or True Intentions?

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This paper discusses estate litigation involving allegations of undue influence or lack of testamentary capacity. It focuses on the procedural and evidentiary aspects of this type of litigation, such as how and when to advance a claim and common sources of evidence. It includes summaries of some recent Alberta court decisions as case studies.

This paper is part of a collection presented at LESA’s Contentious Matters in Wills and Estates program in Edmonton on November 7, 2018 and in Calgary on November 15, 2018.

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