What legal tests apply to a consideration of undue influence relative to a Power of Attorney?

Manitoba, Canada


The following excerpt is from Re Estate of Rose May Hazlitt, 2017 MBQB 184 (CanLII):

Neither side made detailed submissions regarding which legal test (the Vout v. Hay test or the inter vivos gift test) should apply to a consideration of undue influence relative to the Power of Attorney.

Other Questions


What is the legal burden of proving the validity of a Power of Attorney and Codicil? (Manitoba, Canada)
What is the test for undue influence in real estate transactions? (Manitoba, Canada)
What is the effect of undue influence on the husband through the independent legal advice received by the wife? (Manitoba, Canada)
What is the test for a plea of undue influence? (Manitoba, Canada)
What is the test for a finding that marihuana would have been discovered and what is the legal test for that finding? (Manitoba, Canada)
In assessing whether there was an intention to gift and that such intention was arrived at voluntarily, is undue influence raised? (Manitoba, Canada)
What is the test for the power of the police to search incidental to detention? (Manitoba, Canada)
In what circumstances would the wife be able to prove that she was not under duress or undue influence to enter into a marriage agreement? (Manitoba, Canada)
What is the test for determining whether the City of Vancouver is liable in negligence under the Anns Test? (Manitoba, Canada)
What is the legal test for awarding a person with lost faculties money? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.