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 ...

British Columbia Law Institute publishes guide to recognize undue influence when taking will instructions.

Friday, January 20th, 2012

In 2011 a committee met at the British Columbia Law Institute (BCLI) to develop a guide for lawyers and notaries to assist them to recognize potential undue influence when taking will instructions.  The task was taken on in anticipation of the reverse onus provisions, of the not yet in force ...

Summary Judgment Dismissed: Notes Support Suspicion of Undue Influence

Monday, January 24th, 2011

In Quinlan v. Caron, the court granted summary judgment on the issue of testamentary capacity while dismissing summary judgment on the issue of undue influence.  Referencing the capacity assessor’s notes, the court found that the suspicion of undue influence was a genuine issue for trial. The testator, Madeleine, changed her Will ...