The Law Relating To Undue Influence In British Columbia
Introduction
This article briefly outlines the law relating to undue influence in British Columbia. Please contact us for more information.
A distinction must be made between undue influence in transfers of property and undue influence in the making of wills. The law surrounding challenging wills in B.C. on the basis of undue influence is of concern to unhappy beneficiaries or next of kin. However, see our article on “Contesting a Will or an Estate” for more information on this issue. This article only considers undue influence as it relates to challenging transfers made by a person when they were (and still may be) alive.
When a person (often a senior) has transferred his or her property to another as the result of undue influence of that other person, the transfer may be set aside by the court but a legal action must first be commenced. Transactions can be set aside if it can be proven that the gift or transfer is the actual result of the express influence of the recipient on the transferor. However, it will be a rare case where this evidence is available.
Presumption Of Undue Influence
The Courts have recognized the above noted problem of proving undue influence and therefore a presumption of undue influence is imposed when the parties are in a relationship that has the potential for influence.
