What is the burden of proving undue influence in the context of a testamentary instrument?
British Columbia, Canada
The following excerpt is from Stephens v. Austin, 2003 BCSC 341 (CanLII):
In the case of testamentary instruments, the burden of proof with respect to undue influence lies on those attacking the will. Suspicious circumstances surrounding its execution, while relevant, do not give rise to any presumption that assists in discharging that burden: Vout v. Hay, 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876 at para. 28.
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