What is the test for undue influence of a will?

Saskatchewan, Canada


The following excerpt is from Tiffin Estate v. Tiffin, 2004 SKQB 60 (CanLII):

As noted per Sopinka J. in Vout v. Hay (1995), 1995 CanLII 105 (SCC), 125 D.L.R. (4th) 431 (S.C.C.) at p. 438-39: “undue influence. . . .requires 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. . . .”. Influencing a person to act in a certain manner by providing that person with misinformation is mental coercion, if not also fraud. The person receiving the information is constrained to act contrary to what their free will would normally dictate if he or she had not been subjected to the misinformation.

Other Questions


Is undue influence an undue influence? (Saskatchewan, Canada)
What is the definition of influence and what is the effect of influence? (Saskatchewan, Canada)
Is there any case law where a statement alleging that bribery and treating and undue influence before and after the election is insufficient to support the allegation? (Saskatchewan, Canada)
What is the test for undue hardship in a family law case? (Saskatchewan, Canada)
What is the meaning of the phrase "undue hardship" in the Canada Human Rights Act? (Saskatchewan, Canada)
What is the test for a cause of action where a party has a materially influencing motive? (Saskatchewan, Canada)
Can a unilateral offer of an option without consideration be revoked? (Saskatchewan, Canada)
Does a warehouseman have an insurable interest in a consignment that is insured in his own name? (Saskatchewan, Canada)
What is the test for an application for leave to appeal against a finding that the respondent should pay the respondent's costs of the appeal? (Saskatchewan, Canada)
What is the current state of the law in England and Wales regarding collective action by labour? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.