What is the test for undue influence in a will?

British Columbia, Canada


The following excerpt is from Halliday v Halliday Estate, 2019 BCSC 554 (CanLII):

In Ross-Scott v. Groves Estate, 2014 BCSC 435 at para. 264, Mr. Justice Armstrong discussed the evidence necessary to successfully challenge a will for undue influence, concluding that it must meet a standard of coercion. He then described some of the factors to be considered in an analysis of undue influence claim including: a. whether moral obligations to family members existed; b. the closeness of the relationship between the testator and family members; c. the closeness of the relationship between the testator and the named beneficiaries (e.g., because of provided services, a long pattern of friendship, or any evidence of affection); d. any evidence of the testator having medical illnesses, delusions or other indications of mental instability; and e. a solicitor's evidence on the circumstances surrounding the will's execution.

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