In what circumstances will the trial judge err in principle in the analysis of the issues of undue influence and testamentary capacity?
British Columbia, Canada
The following excerpt is from James v. Field, 2001 BCCA 267 (CanLII):
In light of the decision in Vout v. Hay, supra, I am of the opinion that the trial judge did not err in principle in the approach he took to the analysis of the issues of testamentary capacity and undue influence in the face of the suspicious circumstances.
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