Welcoming the Wills, Estates and Succession Act

Today's announcement by the Attorney General of a sweeping overhaul to the legislation pertaining to wills and estates caught us, like most practitioners, by surprise. However, the proposed new Wills, Estates and Succession Act looks at first glance like a laudable piece of legislation. While it would take a good study of the legislation to think through all of the wrinkles, it appears that the government is serious about tackling the thorny problem of undue influence as it relates to the making of a will.

Cases involving undue influence have always been problematic, since - of course - the chief witness is deceased, and it often seems that every piece of evidence is a double-edged sword. For example, when a long-term caregiver ends up as the principal beneficiary of an estate some observers may feel that the gift is well warranted, while others will see the caregiver’s attentiveness as an attempt to isolate and control the testator.

If you have specific questions about our estates services and how we can help you plan for a smoother transition, contact us.