What is the remedy for a finding of undue influence?
British Columbia, Canada
The following excerpt is from Burkett v Burkett Estate, 2018 BCSC 320 (CanLII):
The remedy for an un-rebutted finding of undue influence is described in Geffen at para. 23: 23 The equitable doctrine of undue influence was developed, as was pointed out by Lindley L.J. in Allcard v. Skinner (1887), 36 Ch. D. 145, not to save people from the consequences of their own folly but to save them from being victimized by other people (at pp. 182-83). In the context of gifts and other transactions, equity will intervene and set aside such arrangements if procured by undue influence. ...
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