British Columbia Law Institute Publishes a Guide on Undue Influence

The British Columbia Law Institute recently published Recommended Practices for Wills Practitioners Relating to Potential Undue Influence: A Guide. The guide was published in response to the Wills, Estates and Succession Act that is about to come into effect. The Act will  change the burden of proof when trying to prove that a will was made under undue influence. Below is an excerpt from the executive summary that describes the goal of the book:

• raise awareness of undue influence as a potential cause of estate litigation and invalidity of a will; 

• assist will drafters to recognize red flags of undue influence;

• enable will drafters to interact tactfully but effectively with will-makers to elicit information necessary for them to properly assess the will-makers’ individual situations and ability to act independently; and

• insulate wills they prepare against successful challenges based on undue influence.

See Stan Rule, British Columbia Law Institute’s Recommended Practices for Wills Practitioners Relating to Potential Undue Influence: A Guide, Rule of Law, Jan. 9, 2012. 

Special thanks to Jim Hillhouse (Professional Legal Marketing  (PLM, Inc.)) for bringing this article to my attention.