What is the test for persuasion to execute a will?
Alberta, Canada
The following excerpt is from Petrowski v. Petrowski Estate, 2009 ABQB 196 (CanLII):
It is not enough to show that a person is in a position to exert persuasion on the testator to execute a will in their favour or to show that such will was executed in their favour as a result of persuasion. In fact, influence is permissible so long as it does not amount to undue influence. Undue influence must amount to coercion or victimization and be so overpowering as to be clear that the will is not the will of the testator but that of another person: Ravnyshyn v. Drys, [2005] B.C.J. No. 831 at paras. 103 and 104.
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