Is there a presumption of undue influence between a parent and adult child?
British Columbia, Canada
The following excerpt is from Seifred v Arnold, 2021 BCSC 278 (CanLII):
This is not a case where there is a presumption of undue influence. A presumption of undue influence does not arise in a relationship between a parent and adult child, unless there is a relationship of dominance or dependence: Modonese v. Delac Estate, 2011 BCSC 82, aff’d 2011 BCCA 501 at paras. 102–110. Therefore, as set out in Modonese at para. 96, the question is whether the nomination was the result of “influence which overbears the will of the person influenced so that in truth what she does is not his or her own act.”
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