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ARTICLE · 08 NOVEMBER 2023

Recent Trends And Obligations When Assessing Undue Influence

WeirFoulds LLP
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A lawyer assisting a client with their estate and wealth planning has a professional and ethical obligation to ensure that they are taking instructions from someone with an independent mind...

CanadaFamily and Matrimonial
Jonah Waxman
Jonah Waxman
Clare Burns
Clare Burns
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I. OVERVIEW

A lawyer assisting a client with their estate and wealth planning has a professional and ethical obligation to ensure that they are taking instructions from someone with an independent mind, free of "undue influence" – i.e., the coercive influence of another.

Upon a finding of undue influence, the court will step in and set aside those affected transfers, gifts, and testamentary instruments.

This paper will summarize recent judicial trends concerning undue influence, and then consider how the updated, December 2022 issue of the British Columbia Law Institute: Undue Influence – Recognition & Prevention (the "Guide") can assist drafting solicitors in assessing red flags that may arise.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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