Undue Influence and Legal Advice
February 2, 2020 No Comments
Davy v Davy 2019 BCSC 1826 reviewed the law relating to claims of undue influence and the implications of legal advice both given or not
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Undue Influence in Short
February 1, 2020 No Comments
The essential legal framework for the assessment of claims of undue influence was established in Allcard v Skinner (1887) 36 CH. D. 145(CA) and in
Undue Influence Check List of Red Flags
January 28, 2020 No Comments
A good place to start when understanding the law of undue influence are situation and things that might appear to be “suspicious”. The doctrine of
Undue Influence and Independent Legal Advice
November 5, 2019 No Comments
Davy v Davy 2019 BCSC 3128 reviewed inter alia the law relating to independent legal advice and situations where undue influence may arise. Undue influence
Identifying Undue Influence
March 19, 2019 No Comments
A checklist for identifying a relationship of domination and dependence that might involve a situation of undue influence is: 1. Explore whether will-maker is in
S. 52 WESA: Presumption of Undue Influence Claims
March 1, 2019 No Comments
Trudeau v Turpin Estate 2019 BCSC 150 is a recent decision dismissing a claim for undue influence and discussing in particular section 52 WESA and
Suspicious Circumstances
October 15, 2018 No Comments
An important aspect of challenging the validity of a will due to lack of testamentary capacity is to look for suspicious circumstances which if found
Unconscionable Transactions
October 8, 2018 No Comments
The Supreme Court of Canada in the decision Norberg v Wynrib (1992) 2 SCR 226 reviewed the law relating to unconscionable transactions. The Norberg decision
S. 52 WESA and Rebutting the Presumption of Undue Influence
June 27, 2018 No Comments
Ali v Walters Estate 2018 BCSC 1032 reviews the law relating to rebutting the presumption of undue influence in regard to a will as dealt
Can You Prove Mental Incapacity for a Will?
April 24, 2018 No Comments
Nykoryak v Anderson 2017 BCSC 1800 is a decision that in many respects is indicative of how difficult it is to succeed in having a