What is the burden of proof against fraud and undue influence against a Will?

Ontario, Canada


The following excerpt is from Hutchison v. Hutchison, 2006 CanLII 27233 (ON SC):

In Vout v. Hay, 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876 Sopinka J.A. said at para. 28 the following: Accordingly, it has been authoritatively established that suspicious circumstances, even though they may raise a suspicion concerning the presence of fraud or undue influence, do no more than rebut the presumption to which I have referred. This requires the propounder of the Will to prove knowledge and approval and testamentary capacity. The burden of proof with respect to fraud and undue influence remains with those attacking the Will.

Other Questions


What is the burden of proof for undue influence? (Ontario, Canada)
What is the burden of proving undue influence on a will? (Ontario, Canada)
What is the difference between the burden of proof and the evidential burden? (Ontario, Canada)
What is the legal burden of proving that there is undue influence in the preparation and execution of a will? (Ontario, Canada)
What is the burden of establishing undue influence in a will? (Ontario, Canada)
What is the legal test of undue influence in the context of a Will? (Ontario, Canada)
What is the test for undue influence in the context of the transfer of assets? (Ontario, Canada)
Is there a presumption of undue influence between a solicitor and a patient? (Ontario, Canada)
What is the burden of proof against a party who claims business expenses to reduce their income for child support purposes? (Ontario, Canada)
What is the case law on undue influence? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.