What is undue influence in a will in Saskatchewan?

This answer covers the law of Saskatchewan.

Undue influence is pressure that overrides a person's own free choice about what goes in their will, so the document reflects someone else's wishes rather than theirs. In Saskatchewan, undue influence remains the burden of those attacking the will to prove.

Ordinary persuasion is different. A relative who offers an opinion, spends time with an older person or even asks for a gift has not necessarily done anything wrong. The real question is whether the person still made the decision freely. Where a will was duly executed, the court presumes the person had capacity, and suspicious circumstances can shift the burden to the person trying to prove the will. Undue influence and fraud, however, stay with those attacking the will.

A will can be proven in solemn form under Rule 16-48, and a caveat can be filed. What a court looks at depends on the facts, such as who was involved in the changes and how the person was living. Notes, messages and witnesses can matter, so keep what you have and speak with a lawyer promptly. If you are a dependant, a separate claim may be possible where a will makes inadequate provision.