How does undue influence impact estate administration in British Columbia?

Undue influence in the context of estate administration refers to a situation where one individual coerces another into making decisions regarding their will or estate that do not reflect their true intentions. Lawmakers designed the legal framework in British Columbia surrounding undue influence to protect the rights and genuine desires of individuals planning their estates.  However, if allegations can be substantiated, challenging a will on the basis of undue influence is an important step towards better ensuring the estate is administered in accordance with the testator’s intent.

What is undue influence?

Undue influence typically occurs when someone in a dominant position, such as a caregiver or close family member, uses their position to manipulate a vulnerable individual. Recognizing undue influence involves examining the relationship dynamics and the circumstances present when the individual made or updated their estate plan. Indicators of undue influence may include:

• Isolation of the individual from other friends and family
• Sudden changes in estate planning documents that favour one individual disproportionately
• The presence of a confidant who stands to benefit significantly from the changes
• Violence, the threat of violence, other verbal pressure or manipulation through fear

Note that this is not an exhaustive list of indicators.

How do undue influence challenges move forward?

The legal system in British Columbia recognizes the seriousness of undue influence and provides mechanisms to challenge estate distributions under these circumstances. The Wills, Estates, and Succession Act (WESA) sets out specific provisions related to undue influence, working to better ensure the protection of the testator’s rights.

An individual who wishes to challenge a will under grounds of undue influence must demonstrate that the accused individual was in a position where there was the potential for dependence or dominance of the will-maker. If established, the burden of proof shifts to the individual accused of exerting undue influence (or any other party seeking to defend the will from the allegation of undue influence) to refute the allegation. Remedies for a successful action proving undue influence include, but are not limited to: setting aside a will, either completely or in part, and requiring a wrongdoer to pay restitution to the estate or to the other beneficiaries.

Undue influence can significantly impact estate administration in British Columbia, potentially leading to outcomes that do not reflect the testator’s true intentions. The legal framework provided by WESA and seeking legal remedies in cases of undue influence play a crucial role in protecting individuals from the damage of undue influence and ensuring that estate distribution aligns with the deceased’s genuine desires.