Does the presumption of undue influence trigger?
British Columbia, Canada
The following excerpt is from Simpson v. Simpson, 1997 CanLII 4396 (BC SC):
Counsel for the plaintiffs asserts on the foundation of Goodman Estate v. Geffen, 1991 CanLII 69 (SCC), [1991] 5 W.W.R. 389 (S.C.C.) that in that the transaction was a gift and that a parent and child relationship existed, that the presumption of undue influence is triggered. This is taken from the words of Wilson J. at page 407 where she suggests that the parent/child relationship means that there is the "potential" for influence, and that this potential triggers the presumption.
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