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! 

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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 Government
https://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/

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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.

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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 Experts
Podcast Coordinator: Lisa Widdifield
Music: Redpath Audio
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If you prefer to watch the interview, this episode and all others are available on Elder Abuse Prevention Ontario's YouTube Channel.

Be sure to also check our website eapon.ca to learn more resources on abuse prevention and protecting the rights and dignity of older adults. 

Disclaimer:

This content is for informational purposes only and should not be construed as constituting or implying endorsement by EAPO of any entity, product, service or organization mentioned, referenced, or linked.