What is the test for undue influence in a testamentary transaction?
Nova Scotia, Canada
The following excerpt is from Raczkowski-Filliter v. Raczkowski, 2022 NSSC 64 (CanLII):
Therefore, as noted in Seguin v. Pearson, 2018 ONCA 355, the rebuttable presumption of undue influence only arises in relation to inter vivos transactions. Once the presumption is established, the onus shifts to the transferee to rebut the presumption. With regard to wills, testamentary undue influence amounting to outright overpowering or coercion must be established by the party disputing validity.
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