Undue Influence

Forgery and Handwriting Analyis

 I commonly receive estate enquiries where the enquirer strongly asserts   suspicion that  documents found after death such s a wills or a  transfer were forged. I predicted many years ago
Admissibility of Medical Records

Admissibility of Medical Records

Many types of estate litigation cases such as testamentary capacity, undue influence, committee applications and others rely on medical evidence, which is typically initially obtained from medical records that are
Undue Influence and the "Doctrine of Righteousness

Undue Influence and the “Doctrine of Righteousness”

Halliday V Halliday 2019 BCSC 554 discusses the historical concept of the “doctrine of righteousness”, developed in the 1800s to protect will- makers from the behavior of those who may
Undue Influence and Legal Advice | Disinherited Estate Litigation

Undue Influence and Legal Advice

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  provided. The deceased suffered from
Undue Influence in Short | Disinherited Estate Litigation

Undue Influence in Short

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 Geffen V Goodman (1991) to
Undue Influence Check List of Red Flags

Undue Influence Check List of Red Flags

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 suspicious circumstances may arise in
Legal Advice and Undue Influence

Undue Influence and Independent Legal Advice

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 is an equitable doctrine to
Special Costs NOT Awarded in Losing Undue Influence Claim

No Special Costs Awarded in Lost Undue Influence Claim

In Webber v Sullivan 2019 BCSC 1784 the court declined to award special costs to a defendant who successfully defended a claim brought by plaintiff alleging undue influence on the

Identifying Undue Influence

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 a relationship of dependency, domination

S. 52 WESA- The Presumption of Undue Influence

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 the presumption of undue influence