Project on Potential Undue Influence: Recommended Practices for Wills Practitioners (2011)

This project developed a set of recommended practices for will drafters to follow to ensure that the wills they prepare represent the genuine independent wishes of their clients and are insulated against challenge on the basis of undue influence.  The impetus for this project was the enactment of section 52 of the Wills, Estates and Succession Act.  Section 52 harmonized the rules concerning the onus of proof in cases of undue influence affecting wills with the rules that apply to undue influence affecting gifts made during life, possibly making it somewhat easier to challenge a will on this ground.

The project was carried out with the aid of a multidisciplinary project committee.

This project was generously funded by the Notary Foundation of British Columbia and the Lawyers Insurance Fund.

Notary Foundation of BC

Keywords:  undue influence, will, practice, coercion, lawyer, solicitor, notary, client, testator

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