In what circumstances will a testatrix be found to have undue influence over the making of a will?
British Columbia, Canada
The following excerpt is from Halliday v Halliday Estate, 2019 BCSC 554 (CanLII):
In Becker v. Becker, 2016 BCSC 487, Mr. Justice N. Smith considered allegations of undue influence with respect to the making of a will. He concluded at paras. 63–64 that it was not suspicious that the testatrix changed her will nor that she intended to benefit the new beneficiaries as her partner, although initially involved and present when the instructions for her will were provided, was not present during execution or on any of the later relevant dates.
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