In assessing whether there was an intention to gift and that such intention was arrived at voluntarily, is undue influence raised?
Manitoba, Canada
The following excerpt is from Dumont v. Turcotte et al, 2006 MBQB 244 (CanLII):
In assessing whether there was an intention to gift and that such intention was arrived at voluntarily, an issue of undue influence may be raised. Undue influence may arise upon a set of facts or may be presumed as a result of certain relationships. (See Geffen v. Goodman Estate, 1991 CanLII 69 (SCC), [1991] 2 S.C.R. 353).
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