Undue Influence Dismissed as Long Hostile Relationship Between Siblings

Long sibling rivalry

Sibling’s Claim of Undue Influence Dismissed

Calbrick v Wolgram Estate 2009 BCSC 1222 is an unfortunate example of a fact pattern that occurs all too often in estate litigation.

Basically, one sibling alleged his sister obtained substantial gifts from their mother using undue influence, and abusing her mother’s power of attorney.

He also alleged that the executrix of the estate facilitated the sister’s wrong doings, and failed in her duty to investigate and set aside the sisters fraudulent activities.

The court found that the plaintiff’s claim was the product of a long-standing hostile relationship between the siblings.

No claim had been established against his sister or the executrix.

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Neither child was named as executor because their mother knew that they would not be able to perform this task in a sensible and peaceable way.

The court found that the executrix had performed her tasks honestly and diligently, and without favoritism, despite the great difficulties presented by both children.

The court found that both siblings evidence was colored by an element of greed and a profound and long-standing hostility towards each other.

The son`s claims boarded on petty, and were sometimes absurd.

The totality of the daughters evidence suggested that she was, at least where her mother and her brother were concerned, a self-serving manipulator.

In the experience of disinherited.com , it is not unusual for one or more siblings born into a dysfunctional family, to make absurd and hateful allegations against other siblings after the passing of their parents.

It is common in estate disputes for long-standing and festering sibling hostilities to break into open warfare after the death of the last parent.

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 40 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.

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