Are you concerned about the validity of a loved one’s will? Do you suspect that undue influence may have played a role in the drafting of their will? At Tim Louis Law, we understand the emotional turmoil and legal complexities that can arise in such situations. We’re here to provide you with the guidance and representation you need during this difficult time.

Understanding Undue Influence in Estate Litigation

In British Columbia, the concept of undue influence is defined under the Wills, Estates and Succession Act. It refers to a situation where a person, often in a position of power or trust, exploits the vulnerability of another to manipulate their decisions and actions. This manipulation often involves the use of pressure, fear, or deception, effectively depriving the individual of their free will and substituting it with their own.

In the context of estate matters, undue influence can have a profound impact. It can lead to significant changes in a will that do not reflect the true wishes of the will-maker. For instance, a caregiver might exert undue influence on an elderly person to change their will in the caregiver’s favor. This could involve isolating the elderly person from their family, making them dependent, and then coercing them into altering their will.

Undue influence is not always easy to identify. It often occurs behind closed doors, and the manipulator may go to great lengths to hide their actions. However, some signs can indicate undue influence, such as sudden or unexplained changes in a will, the will-maker showing signs of fear or distress, or the will favoring someone who has a close and controlling relationship with the will-maker.

Your Rights Under BC Law

In British Columbia, the law provides protection against undue influence. If you suspect that a will has been altered due to undue influence, you have the right to challenge it in court. This is an important right that can help ensure that the true wishes of the will-maker are respected, and that justice is served.

The burden of proof in cases of undue influence lies with the person who is alleging undue influence. This means that if you challenge a will on the grounds of undue influence, you must provide evidence to support your claim. This could include witness testimony, documents, or other evidence that shows the manipulator had the opportunity, means, and motive to exert undue influence.

If undue influence is proven in court, the consequences can be significant. The court has the power to declare the entire will, or parts of it, invalid. This could result in the estate being distributed according to a previous will or, if no other valid will exists, according to the rules of intestacy. The person who exerted undue influence may also face legal penalties.

Remember, challenging a will on the grounds of undue influence can be a complex and challenging process. It’s important to have an experienced lawyer on your side who can guide you through the process, help gather evidence, and represent your interests in court.

How We Can Help

At Tim Louis Law, we bring decades of experience in estate litigation to your case. We’re committed to protecting your rights and interests, and we’ll work tirelessly to achieve a fair outcome. Here’s how we can assist you:

• Review Your Case: We’ll conduct a comprehensive review of the circumstances surrounding the drafting of the will to identify any signs of undue influence.
• Explain Your Rights: We’ll help you understand your rights under the BC Wills, Estates and Succession Act and guide you through the legal process.
• Fight for Your Interests: We’ll build a strong case to challenge the validity of the will and fight for your interests in court.