Undue Influence

undue influence

We are adept at handling all of the following issues involving undue influence and questions concerning the capacity of testators:

You believe someone is mentally incompetent to make their own decisions and want to have someone appointed as a guardian to help them
Attacking or challenging a will because you believe the testator was subject to undue influence when it was drafted
An unfair bequest has been made to someone who has recently exerted improper influence over the testator
A recent disinheritance occurs that seems to be contrary to the history of the relationship between the testator and now-excluded beneficiary

One of the most heart-wrenching and delicate issues in a will challenge involves situations where allegations arise involving undue influence on a testator with diminished capacity. If you believe an invalid will has been executed because these circumstances have occurred, or this situation also supports a larger claim of elder abuse, it is critical to seek out a lawyer who can help you rectify the situation and protect the vulnerable person’s wishes and well-being.

At the Vancouver, British Columbia, law firm of Steinmans Trial Lawyers, we provide compassionate service and personal attention for clients faced with difficult circumstances related to wills and estate litigation.

Circumstances may reveal that force, fear or undue influence were present and deprived the will-maker or gift giver of a real intent.

If you suspect elder abuse, take action immediately. Call Steinmans Trial Lawyers today at 604-692-2525 to schedule a consultation with a British Columbia wills and estate litigation lawyer who is ready to protect you and the vulnerable testator.

A party alleging undue influence in a proceeding must show only that a person other than the will-maker (or other than the person making the gift) was in a position where there was the potential for dependence or domination of the will-maker (or gift giver). The person seeking to have the will or gift upheld has the onus of showing that the person did not exercise undue influence over the will-maker

We are adept at defending those who receive property where the receipt of property is challenged by a sibling or another person.

What Does the Court Look for in Undue Influence and Mental Capacity Estate Litigation Cases?
Asking the court to deem a will invalid because it is contrary to the intentions of the will-maker requires more than just a proof of the circumstances of undue influence. Our Vancouver undue influence solicitors can also help you fulfil the requirement of showing that the contents of the will are inconsistent with the testator’s true and original wishes.

How We Can Help Beneficiaries and Other Interested Parties
Likewise, if you believe that you were left out of a will as the result of undue influence, we can help you petition the court to evaluate whether the testator was mentally incompetent and if undue influence did produce a new inadequate will. This can also apply to trustees, executors and named representatives in power of attorney documents, who need to be removed because they have breached their fiduciary duty and taken advantage of the trust and mental incapacity of the people they are responsible for overseeing.

Our Goal Is to Protect You and Your Vulnerable Loved Ones
Our goal is to protect the rights of elderly and special needs individuals with diminished capacity from financial, physical and mental abuse. We also act on behalf of those who wish to demonstrate an individual is mentally sound in the face of an unscrupulous person seeking a declaration of mental incompetence for the purposes of exerting undue influence on them. We also help defend people charged with undue influence, allowing us to understand strategy and arguments from both sides of this contentious situation.

Our Burnaby capacity issues lawyers can help you put mechanisms in place to protect an elderly loved one. We will help you wrestle away control exerted by the abuser and attempt to restore funds and assets that have been stolen or misappropriated.

This help can also include protecting the assets in a will, trust or other estate planning tool or reversing changes to these documents that an abuser has tried to make. Our goal is to help you prevent financial abuse or other actions that may harm a loved one who may not be able to fight back or take action to stop these situations.

Testimonials

It has been my experience that Neal Steinman conducts his practice, and himself, in accordance with the highest ethical standards and consistently exhibits sound judgment. He has the ability to effectively analyze complex legal issues, resulting in the provision of practical advice to efficiently resolve matters.
-Senior Counsel in Litigation
Neal's all-round excellent legal abilities are coupled with a rare and genuine concern and interest in the well-being of his clients, not only the outcome of their legal issues. His highly competent approach to files frequently employs his unique inventiveness to achieve his clients’ objectives.
-Counsel in Commercial Litigation
Neal has always proven excellent and wise counsel in a range of situations.
-Counsel in Commercial Litigation
Neal treats each client with respect and provides legal services that are designed to meet the client's unique needs. I have referred Neal to my clients and have received very positive feedback. Neal is an excellent lawyer and I recommend his services.
-Senior Attorney in Commercial Litigation
Neal's personal attention to cases and practical advice have served his clients well for over 25 years. He is an excellent litigator and one of the best negotiators in the British Columbia bar, and has represented clients in the insurance industry ranging from large, self-insured corporations to traditional insurance companies.
-Attorney in Commercial Defense
Neal S. Steinman is one of the most knowledgeable, experienced, professional and skilled civil litigators, or barristers, I have ever known. After twenty (20) or so years of practice and having started over 100+ civil Trials, mostly Jury matters, one gets to recognize and respect real talent. Neal S. Steinman has a litigation skill set, both inside the court room and in the board room of a mediation, discovery, or pre-trial, second to very few. I would highly recommend retaining Neal S. Steinman
-Senior Partner in Civil Litigation
In my dealings with Neal Steinman, I am consistently impressed with his analytical ability, his judgment, and his integrity. He is tactful and strategic, but never afraid to stand up for what's right. This is a lawyer I would want in my corner.
-Counsel in Litigation
I have known Neal Steinman for over 30 years. He is a creative, entrepreneurial smart and practical lawyer whose communications skills are top-notch.
-Partner in Civil Litigation
I am a tax partner and managing partner of my own tax boutique firm. I do not do any civil litigation work. I have referred a number of client matters to Neal Steinman over the years. He is an excellent lawyer and always obtained good results for my clients.
-Attorney in Civil Litigation
Neal is an exceptional trial lawyer with good instincts for litigating and settling cases. He is one of the best prepared, most articulate, and practical counsel you can find, having honed his skills at the highest levels of practice at every level of court in British Columbia.
-Attorney in Commercial Litigation
Neal brings a strong combination of experience, ethics, and energy to his practice. He is practical, problem-solving lawyer who is also unafraid to step into the courtroom when needed.
-Counsel in Civil litigation
Neal is a very capable and skilled lawyer who thinks well on his feet and in the crunch of the moment in argument before the Bench. He is personable polite respectful of peers and well prepared. He finds practical and direct solutions to varied litigation problems. He is a capable navigator of the Court process and is very experienced, especially in defending commercial, estate litigation and motor vehicle accident claims. He works cooperatively with other team lawyers when it is required.
-Senior Counsel in Commercial Litigation

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