⭐⭐⭐⭐⭐

“Tim Louis is an outstanding human who happens to be a disability lawyer (among many other pursuits). He supported me through a very stressful time. I felt safe, heard, and protected.”
— Mia, Verified Google Reviewer

We hear this question all the time

Q: How can you prove undue influence in a BC estate dispute?
A: To prove undue influence in BC, you need to show that the Will-maker was pressured to the point that the Will does not reflect their true intentions. Evidence may include sudden changes in the Will, isolation from family, or the involvement of a controlling caregiver. A lawyer can help gather medical records, witness accounts, and legal evidence.

What Is Undue Influence?

When it comes to estate disputes in British Columbia, undue influence is one of the most emotionally complex — and legally challenging — issues to face. It occurs when a person exerts pressure on a vulnerable individual to change or create a Will in a way that benefits them unfairly. This pressure can be overt or subtle — and in many cases, it’s not easy to spot until it’s too late.

Legally, undue influence means that the person making the Will (the “testator”) was not acting freely and voluntarily. Instead, their free will was overpowered by someone they trusted — often a caregiver, adult child, or close family member.

It’s important to distinguish undue influence from:

• Fraud – where someone deliberately deceives the Will-maker;
• Mistake – where the Will was based on incorrect assumptions; or
• Lack of capacity – where the Will-maker did not fully understand what they were doing.

Undue influence doesn’t always involve threats or obvious manipulation. It can happen quietly, over time. Some common red flags include:

• The testator becoming increasingly isolated from other loved ones;
• A sudden change in beneficiaries with no clear explanation;
• A dependent relationship where one person controls access to food, shelter, finances, or care.

At Tim Louis & Company, we believe in protecting the wishes of those who may no longer be able to protect themselves. We stand up for fairness — and we have the experience to recognize undue influence when it happens.

“Undue influence often hides in plain sight — behind trust, routine, and dependence. At Tim Louis Law, we believe in exposing injustice and protecting the integrity of every Will.”
— Tim Louis, Lawyer & Advocate

Case Snapshot:
A Vancouver senior revised her Will six months before passing, cutting out her two children and naming her caregiver as sole beneficiary. There were no witnesses to conversations, but her isolation and growing reliance on the caregiver raised concerns. After legal review and witness affidavits, the court found undue influence and reinstated the prior Will — restoring fairness to her estate.

Takeaway: If something feels off — document it. Courts in BC take undue influence seriously, especially when supported by medical records, financial timelines, or sudden changes in estate planning.

Common Warning Signs of Undue Influence in a Will

Undue influence doesn’t always leave obvious fingerprints. But certain red flags often point to coercion — especially when vulnerable individuals are involved. Here are the signs to watch for:

Checklist: Undue Influence Red Flags

• Sudden changes to a Will — especially late in life or after a serious illness
• Isolation from family and friends — the person becomes harder to reach or communicate with
•  Involvement of a new caregiver or outsider — who wasn’t part of the original estate plan
• One individual benefiting disproportionately — while others are minimized or removed
•  No legal advice sought — the Will is prepared privately or without professional input

Tip from Tim Louis:

“When someone’s circumstances change rapidly and you notice emotional or physical dependence on a single person, it’s time to ask careful questions.”

Legal Tests & Proof of Undue Influence in BC Courts

In British Columbia, undue influence is a serious legal claim — and the courts apply a clear test to determine whether a Will should be set aside.

The Legal Standard (Leung v. Chan, 2023 BCCA)

BC courts often rely on the precedent from Leung v. Chan, which affirmed that:

“Where a relationship of potential dominance exists, and there are suspicious circumstances, the burden may shift to the person benefiting to disprove undue influence.”

When the Burden Shifts

Typically, the person alleging undue influence must prove it. But if there’s:

• A relationship of dependency or trust
• Significant change in testamentary intent
• Or sudden benefit to a new party
  — the burden of proof can shift to the beneficiary to justify the change.

Evidence That Can Help Prove Undue Influence:

• Medical reports showing mental or physical vulnerability
• Witness statements (family, friends, professionals)
• Financial records showing sudden control over accounts or access
• The absence of legal advice during the creation of the Will