What is the test for establishing that there is undue influence of a parent?
British Columbia, Canada
The following excerpt is from Wood v. Porter, 2015 BCSC 2354 (CanLII):
There is also recent authority from this court that the presumption does not arise automatically in the case of a child’s alleged undue influence of a parent (Modonese v. Delac Estate, 2011 BCSC 82 at paras. 102-104, aff’d 2011 BCCA 501). What is required is evidence that the relationship between Millicent and the defendant is characterized by dependency (Modonese at para. 105).
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