Rebutting the Presumption of Resulting Trust and Undue Influence

Friday, June 5th, 2015

In Foley (Re), the Court of Appeal was asked to overturn a trial judge's findings that there was sufficient evidence to rebut both the presumption of resulting trust and allegations of undue influence with respect to a father's inter vivos gifts to his daughter.  The Court of Appeal dismissed the ...

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 ...