What are the factors used to determine suspicious circumstances in the making of a will?

Alberta, Canada


The following excerpt is from Petrowski v. Petrowski Estate, 2009 ABQB 196 (CanLII):

In analyzing whether suspicious circumstances are in fact present here, I may consider a number of factors including: ∙ whether the will in question constituted a significant change from a former will; ∙ the extent of any physical and mental impairment of the testator around the time the will was signed; ∙ whether the will in question generally seems to make testamentary sense; ∙ the factual circumstances surrounding the making of the will; and ∙ whether a beneficiary was instrumental in the preparation of the will. Rufenack v. Hope Mission 2002 ABQB 1055 at para. 66. I will deal with the latter point when I discuss undue influence. a) Differences between the Will and the 1974 Will

Other Questions


What factors are considered to be determinative in determining whether a medical malpractice case is successful or unsuccessful? (Alberta, Canada)
In what circumstances will the Supreme Court strike down a "strictly strict" and "unnecessarily strict" test for the purpose of determining the value of a deceased's assets? (Alberta, Canada)
In a wrongful dismissal action, is income tax calculated as a factor in determining damages? (Alberta, Canada)
What are the factors used to determine the exclusion of evidence in a sexual assault case? (Alberta, Canada)
What is the testator's burden if proof is not met where there are suspicious circumstances surrounding the execution of a will? (Alberta, Canada)
Is domicile a factor in determining a person's citizenship? (Alberta, Canada)
When there is shared parenting and joint custody and what factors will the court consider in determining the best interests of the parties? (Alberta, Canada)
What factors have been considered in determining the value of matrimonial property in a common law relationship? (Alberta, Canada)
What factors will a court consider when determining the quantum of spousal support? (Alberta, Canada)
What factors will be used to determine if a child is entitled to attend secondary school? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.