Estate Matters: The Fine Line Between Friendship and Patient Coercion

Tracey Tremayne-Lloyd
and Lonny J. Rosen
Tremayne-Lloyd Partners
Toronto, Ontario

Introduction
Genuine and personal care, trust and friendship often characterize the relationship between a physician and his or her geriatric patient. In fact, your patient's regard for you may become so strong that a situation arises where you, as an attending physician, may be named as a beneficiary of his or her Will. This may place you in an awkward position, and indeed, if the patient's family complains, may attract College scrutiny. It is not unknown for a family to contest such a bequest on the grounds that the physician exercised undue influence, that the testator was incompetent, or both. The fact that a bequest is challenged, however, does not mean that the gift will be declared invalid.

Undue Influence

Undue influence is more than persuasion; it is tantamount to coercion to the extent that another person overbore the volition of the person making the gift.