• What Is It Going To Take? A Review of the Burden Of Proof for Suspicious Circumstances
  • December 17, 2013 | Author: Crista C. Osualdini
  • Law Firm: McLennan Ross LLP - Edmonton Office
  • After the death of a loved one, client s will often seek advice when they believe that the last Will of the deceased does not reflect his or her true intentions. As counsel, we often hear our clients tell us of the health ailments suffered by the deceased that must have prevented them from truly being able to execute a last Will or even allegations of others trying to influence the contents of the Will. Meetings of this nature usually culminate in the client asking what it will take to challenge the Will. In order to answer this question, we will need to advise our clients as to what grounds upon which a Will can be challenged and what burdens of proof they must meet in order to be successful. This article will provide an overview of the burden of proof that must be met by clients who wish to challenge a Will on the basis of suspicious circumstances.