Can a will be set aside if the testator was pressured by a family member?

What the Law Says

Canadian law does not define 'undue influence' in a single statute, but courts apply common law principles to assess whether a testator’s free will was overborne. No provincial Wills Act contains an explicit undue influence provision, so the doctrine is judge-made and applied through estate litigation.

Undue influence occurs when someone uses coercion, manipulation, or domination to replace the testator’s genuine intentions with their own. It is more than mere persuasion or emotional appeal — it must destroy the testator’s volition.

Unlike fraud or lack of capacity, undue influence often leaves no physical trace. Courts therefore rely on circumstantial evidence, relationships, timing, and whether independent legal advice was obtained.

Because there is no codified statutory test, the analysis is fact-specific and grounded in precedent — most notably the Supreme Court of Canada’s decision in Geffen v. Goodman Estate.

What Courts Have Said

The Supreme Court of Canada has clarified how undue influence operates in family and fiduciary contexts — particularly where one party holds power over another.

What to Do

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