Is undue influence sufficient to establish that there is no force or coercion to establish undue influence?
British Columbia, Canada
The following excerpt is from Flack v. Rossi, 2008 BCSC 670 (CanLII):
In Stewart v. Nash (1988), 33 C.C.L.I. 34 at p. 39, Steele J. observed that: To establish undue influence there must be force or coercion destroying the free agency of the person involved. Normal influence or affection or attachment, or the mere desire of gratifying a beneficiary’s wishes, does not establish undue influence.
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