What factors will be considered in determining whether a donor acted of their own free and informed thought in entering a transaction?
British Columbia, Canada
The following excerpt is from Ali v Walters Estate, 2018 BCSC 1032 (CanLII):
Factors to be considered in determining whether the donor acted of her own “full, free and informed thought” in entering the transaction include: (i) the lack of actual influence or opportunity to influence the donor; (ii) the receipt of or opportunity to obtain independent legal advice; (iii) the donor’s ability to resist any such influence; and (iv) the donor’s knowledge and appreciation about what she was doing. See Stewart v. McLean, 2010 BCSC 64 at para. 97.
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