On this episode of Aging Vibrantly, we demystify the world of wills and undue influence in estate planning.

Understanding the legalities of a will, undue influence and court proceedings can be complex. So, we speak to two lawyers, Joanna Weiss, and Emily Caza from Whaley Estate Litigation Partners (WEL Partners) to help us break down these issues and to clarify the following issues:

• What exactly is a will, and why do you need one
• What happens when you do not have a Will
• The differences between a Will, Power of Attorney, Executor and Attorney
• Having Capacity to make a will, and
• What happens when a vulnerable person is secretly coerced or manipulated into changing their will, leaving behind a trail of hurt feelings, family and legal disputes?

We explore these questions and dive into what undue influence is, the subtle and not-so-subtle signs that it may be happening, and how to recognize it and challenge it in court.

In this lively discussion we equip you with the knowledge to help you feel empowered, and more informed about wills and estates.

Until Next Time... Stay Vibrant!

______________________________

Episode Resources:

WEL PARTNERS https://welpartners.com/

Wel Partner Resources:

‘A Lawyer's Duties and Obligations Where Capacity, Undue Influence and Vulnerability are at Issue in a Retainer’ by Kimberly A. Whaley and Kate Stephens, Volume 48, Issue 4, September 2018 https://welpartners.com/resources/WEL-The-Advocates-Quarterly-Volume-48-Issue-4-A-lawyers-duties-and-obligations.pdf Checking for Indicators of Undue Influence During Virtual/Digital (Video) Meetings - Lawyers’ Checklist https://welpartners.com/resources/WEL-Checklist-Undue-Influence-and-Video-Conferencing-2020.pdf Capacity Checklist https://welpartners.com/resources/WEL_CapacityChecklist_EstatePlanningContext.pdf Undue Influence in Estates and Related Matters Checklist https://welpartners.com/resources/WEL_Undue_Influence_Checklist.pdf Resolution of Estates and Trust Disputes: Mediation and Alternative Dispute Resolution in Canada” - Kimberly A. Whaley, The International Academy of Estate and Trust Law, Oxford University Press, Trust & Trustees, February 2020 https://academic.oup.com/tandt/article/28/7/e8/5743469?guestAccessKey=55a98afc-8273-4742-be76-7ea41641c226&login=false

Guides and Resource Tools

A Guide for Assisting Persons in Vulnerable Situations - STEP Canada https://online.fliphtml5.com/zskjb/zjwz/#p=1

Estate planning and wills – Ontario Governmenthttps://www.ontario.ca/page/estate-planning-and-wills Law and legal matters https://www.ontario.ca/document/guide-programs-and-services-seniors/law-and-legal-matters

Wills – Steps to Justice Your Guide to laws in Ontario https://stepstojustice.ca/legal-topic/wills-and-powers-of-attorney/wills/

Wills and Powers of Attorney Resource Sheet https://cleoconnect.ca/resource/yourlegalrights/wills-and-powers-of-attorney-resource-sheet/

______________________________

Guests:

Joanna Weiss, Senior Litigation Associate at WEL Partners, wherein she primarily practices in the areas of will, estate and trust disputes, power of attorney disputes, and guardianship matters. Prior to joining WEL Partners, Joanna was a lawyer at boutique law firms that specialize in mental health litigation, estate, trust and capacity litigation, and professional negligence.

Emily Caza, Lawyer at WEL Partners with experience in guardianship, capacity law, and estate litigation. Emily articled at the Office of the Public Guardian and Trustee, where she developed a strong interest in capacity and guardianship law and gained experience advocating for individuals lacking capacity. At Queen’s, worked as a caseworker at the Queen’s Elder Law Clinic, offering free legal services to low-income seniors and gaining insight into the unique legal challenges faced by elderly clients.

______________________________

CREDITS:

This podcast is Funded with the support from HelpAge Canada.

Co-host: Pauline Luening, Member of Aging Vibrantly Podcast Senior Advisory Committee Producer: Todd Miller, The Podcast ExpertsPodcast Coordinator: Lisa WiddifieldMusic: Redpath Audio ______________________________

Stay Connected :

Don't forget, the best way to show your support and help us grow our Aging Vibrantly podcast, is to subscribe, like, share, rate and leave us a review

Don't forget to also check out other episodes on EAPO's Youtube Channel or wherever you listen to your podcast. Be sure to check our website eapon.ca to learn more resources on abuse prevention and protecting the rights and dignity of older adults.