British Columbia and the Presumption of Undue Influence

Thursday, November 8th, 2012

British Columbia has proposed new legislation that would establish a presumption of undue influence: Section 52 of the new Wills, Estates and Succession Act, S.B.C. 2009, c.13. The effect of this legislation is to create a presumption of undue influence where certain types of relationships exist.  The legislative presumption of undue ...

A New Dawn: B.C.’s New Capacity Legislation

Friday, September 23rd, 2011

British Columbia has introduced new comprehensive legislation to address the issues of incapacity planning, elder abuse, and health care consent.  The Adult Guardianship and Planning Statutes Amendment Act, 2007 (the “Act”) came into effect on September 1, 2011.  The Act revises and amends several pieces of legislation including the Power ...