How have the courts in BC considered undue influence in the context of a will where the testator engaged in activities with his family members as a child?
British Columbia, Canada
The following excerpt is from A.P. v A.F, 2020 BCSC 746 (CanLII):
These activities continued as the testator aged, but in no way could any of these activities be considered the basis for a legal finding of undue influence. If such were the case, no modern will where families were involved in the support and companionship of elders would be sustainable. While A.F. may have been in a position to unduly influence the testator, that coercive power must actual be exercised to constitute undue influence: Maddess v. Racz, 2008 BCSC 1550, at para. 324, aff’d 2009 BCCA 539.
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