When will a court consider suspicious circumstances in a Will?
New Brunswick, Canada
The following excerpt is from Estate of Alvin DeWitt, 2004 NBPC 377 (CanLII):
When considering whether or not suspicious circumstances exist courts look at a number of factors including (see: Vout v. Hay, supra): 1. the circumstances surrounding the preparation of the will; 2. the extent of the physical and mental impairment of the testator; 3. whether the will in question constitutes a significant change from the former will; 4. whether the will generally seems to make testamentary sense; 5. circumstances showing that the free will of the testator was overridden by acts of coercion or fraud; 6. whether a beneficiary was instrumental in the preparation of the will.
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