What is the test for suspicion of persuasion?
British Columbia, Canada
The following excerpt is from Huculak v. Kallenberger et al., 2005 BCSC 239 (CanLII):
Mere persuasion is not enough, nor obviously is suspicion of persuasion (Kaulbach v. Archbold Estate (1901), 1901 CanLII 74 (SCC), 31 S.C.R. 387).
The issue of testamentary capacity is not directly raised in this proceeding, but it is relevant to the question of undue influence (see generally Vout v. Hay, 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876).
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