Ontario Superior Court upholds wills amid allegations of fraud and undue influence

They argued that the son and his wife manipulated the deceased into believing that the husband had sufficient savings and that the daughter was back in a relationship with her estranged husband, who would gain access to any funds received by the daughter, which would violate the intent of the deceased to keep the wealth within the family.

Wills upheld

In Shapiro v. Shapiro, 2024 ONSC 4457, the Ontario Superior Court upheld the validity of the wills and dismissed the objections of the husband and the daughter of the deceased. The court granted the son's application for a certificate of appointment as estate trustee and confirmed his authority to administer the estate according to the wills’ terms.

Between 2013–18, the deceased progressively reduced her husband's and her daughter's inheritances while increasing her son's share, the court acknowledged. These changes culminated in the October 2018 wills, where the son received 100 percent of the estate's residue.

However, the court concluded that the son and his wife did not unduly influence or fraudulently mislead the deceased into making these changes to her will.

Most of the beliefs of the deceased, though harsh, had some basis, the court said. The daughter maintained some level of contact with her estranged husband, who had a history of behaviour that raised suspicions within the family, the court explained.

The court found no undue influence upon considering the evidence in light of the following factors:

• Dependency on beneficiaries: The deceased did rely on the son and his wife for physical assistance, but she was not emotionally or socially dependent on them to the extent that would suggest undue influence, the court ruled.
• Social isolation: The deceased was not isolated and had numerous close relationships with friends, her lawyer, and her accountant, the court held.
• Family conflict: Although there was significant conflict in the family of the deceased, including a breakdown in the relationship between her daughter and her son, he and his wife did not use this conflict to unduly influence the deceased, the court decided.
• Consistency with previous wills: The changes in the October 2018 wills were in line with earlier amendments to the estate plan, which gradually reduced the daughter’s inheritance due to her ongoing relationship with her estranged husband, the court said.
• Pre-death transfers: The gifts and financial support that the son and his wife received from the deceased during her lifetime were consistent with tax planning, facilitating family travel, and ensuring the well-being of her grandchildren, the court concluded.