Section 52 of The Wills, Estates and Succession [1] Act (“WESA”) creates a presumption of undue influence in relation to disputed wills where certain types of relationships exist. That section speaks to undue influence and provides as follows:
“In a proceeding, if a person claims that a will or any provision of it resulted from another person
and establishes that the other person was in a position where the potential for dependence or domination of the will-maker was present, the party seeking to defend the will or the provision of it that is challenged or to uphold the gift has the onus of establishing that the person in the position where the potential for dependence or domination of the will-maker was present did not exercise undue influence over the will-maker with respect to the will or the provision of it that is challenged.”
The British Columbia Law Institute [2] has noted that undue influence may be present whether or not diminished capacity exists.
If you believe that you were left out of a will as a result of undue influence, it is important to speak to a Vancouver undue influence lawyer as soon as possible. Circumstances that may suggest that undue influence occurred include the following:
After the death of a will-maker, someone may allege that the will was the result of the exercise of another person’s undue influence over the will-maker. However, undue influence can be difficult to prove because the will-maker is unavailable to testify and many of the facts surrounding the creation of the will are often known only to the alleged influencer.
Lawyers who draft wills have a professional responsibility to satisfy themselves that the will expresses the real testamentary intentions of their clients. If a Vancouver area lawyer suspects that undue influence may be present during the drafting of a will, the British Columbia Law Institute [1],citing the American Bar Association Committee on Law and Aging[2], suggests that a lawyer attempt to investigate further including:
Talk to a Vancouver Area Undue Influence Lawyer
If you suspect that a loved one is a victim of undue influence or financial abuse, it is important to speak to a Vancouver undue influence lawyer as soon as possible. The lawyers at McLarty Wolf are committed to helping those who are in need of an undue influence lawyer. Call our office today at 604-687-2277 or send us an email through our online contact form.
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