British Columbia Law Institute: Undue Influence Recognition

The British Columbia Law Institute has recently publish Undue Influence Recognition and Prevention: A Guide for Legal Practitioners together with A Reference Aid. 

In 2011, the BCLI published Recommended Practices for Wills Practitioners Relating to Potential Undue Influence: A Guide in contemplation of changes to our succession law that would in some cases make it easier to challenge wills on the grounds of undue influence. The purpose was to assist lawyers and notaries in recognizing indicia of undue influence and forestalling the exercise of undue influence in respect of wills.

This new publication is an important update, and expands the purview of the Guide in two ways. First, it considers the risks of undue influence when wills and other documents may now be signed electronically or in the virtual presence of the witnesses. Secondly, the Guide is broader than will-making and considers undue influence relative to other planning such as powers of attorney and gifts made during one's lifetime.

As with the earlier guide, the new publication was put together by a muli-disiplinary committee comprising of  people with legal, medical, psychiatric, social work and psychological backgrounds. Most of the committee changed from the earlier Guide, with the important exception of BCLI lawyer Greg Blue. 

I encourage all lawyers and notaries public who practice in the area of estate planning to read the Guide and to use the Reference Aid.