This Court had occasion to consider and apply that provision in Bunn v. Bunn Estate, 2016 BCSC 2146. In that case, Gray J. refused an application by a beneficiary, the daughter of the deceased, seeking leave to bring an action in the name and on behalf of the executor against the applicant’s brother and one of his companies. The proposed action would have challenged certain inter vivos transactions as having been the product of undue influence, or alternatively based on the doctrine of non est factum.
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