What is the effect of undue influence on an elderly beneficiary?

Nova Scotia, Canada


The following excerpt is from Chender v. Lewaskewicz, 2007 NSSC 104 (CanLII):

In reaching the conclusions I do, I am not unmindful of the urgent argument made by counsel for Klara that “undue influence” takes on a special character when the party who is the subject of influence is elderly and dependent in some way upon the beneficiary. The “single thread” in such cases said Lord Denning in Lloyds Bank v. Bundy [1974] 3 All E.R. 757 at page 715 is “inequality of bargaining power”.

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