In what circumstances will a court set aside a voluntary gift given to a doctor in a private practice practice?
British Columbia, Canada
The following excerpt is from Elder Estate v. Bradshaw, 2015 BCSC 1266 (CanLII):
In my opinion, the circumstances in the instant case fall into the category of undue influence described in Allcard v. Skinner, set out in paras. 34 and 35 of Ogilvie, supra, where the relations between the donor and donee have at or shortly before the execution of the gift been such as to raise a presumption that the donee had influence over the donor. In such a case, the court sets aside the voluntary gift, unless it is proved that in fact the gift was the spontaneous act of the donor acting under circumstances which enabled him to exercise an independent will and which justifies the court in holding that the gift was the free exercise of the donor's will.
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