What is the test for invalidating a will?
British Columbia, Canada
The following excerpt is from Tribe v. Farrell, 2003 BCSC 1758 (CanLII):
In order to render a will void on the ground of undue influence, what is required is proof that the testator’s assent to the will was obtained by influence such that, instead of representing what the testator wanted, the will is a product of coercion on the part of the defendant: see Vout v. Hay, 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876 at p. 887.
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