What is the burden of proving undue influence in a civil case?
British Columbia, Canada
The following excerpt is from Elder Estate v. Bradshaw, 2015 BCSC 1266 (CanLII):
Despite the presence of suspicious circumstances, the burden of proving undue influence rests on the plaintiffs. Undue influence can be established on a balance of probabilities through circumstantial evidence: see De Araujo v. Neto, 2001 BCSC 935 at para. 132, 40 E.T.R. (2d) 169.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law relating to undue influence or undue influence? (British Columbia, Canada)
What is the burden of proving undue influence in the context of a testamentary instrument? (British Columbia, Canada)
What is the case law on the re-opening of a plaintiff’s case in a civil case? (British Columbia, Canada)
What is the burden of proving knowledge and approval of a will in relation to allegations of fraud and undue influence? (British Columbia, Canada)
Is undue influence sufficient to establish that there is no force or coercion to establish undue influence? (British Columbia, Canada)
What is the legal framework for analyzing proof in solemn form claims where issues of undue influence and undue influence are raised? (British Columbia, Canada)
What is the burden of proving undue influence upon the promisor in a contract? (British Columbia, Canada)
What is the burden on a party alleging undue influence in making a will? (British Columbia, Canada)
Is there any case law where there was no evidence which proved the case beyond a reasonable doubt? (British Columbia, Canada)
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
