Understanding Undue Influence in Estate Disputes

Estate disputes can be emotional and complex, especially when family members suspect that a loved one was pressured into changing their will. In British Columbia, one of the most common reasons for challenging a will is undue influence. But what does that really mean?

What Is Undue Influence?

Undue influence occurs when someone uses pressure, manipulation, or coercion to persuade a vulnerable individual, often an elderly or ill person, to make decisions they would not have made on their own. In BC estate law, if undue influence is proven, it can invalidate all or part of a will or even set aside certain property transfers made before death.

It is important to note that not all influence is “undue.” It is natural for family members to have conversations and offer opinions. But when influence crosses the line into overpowering the will maker’s free will to the point where the will no longer reflects their true intentions, it becomes a legal issue.

How is Undue Influence Assessed in Court? The Case of Stevens v. Esak, 2025 BCSC 331

A recent BC Supreme Court case, Stevens v. Esak, illustrates how courts assess undue influence in estate disputes. The case involved a son contesting his late father’s will, which left the entire estate to the father’s long-term partner and excluded the son entirely.

The son argued that his father lacked the mental capacity to make such decisions due to a terminal illness and that the partner had unduly influenced him in both drafting the will and transferring property shortly before his death.

While the court found that the will itself was not the result of undue influence, noting it aligned with longstanding family tensions and still left the son a valuable property interest through survivorship, it reached a different conclusion on the property transfer. At the time of the transfer, the partner held a dominant caregiving role, and the father was in a state of extreme vulnerability. Since the partner could not prove the transfer was made freely and independently, the court invalidated it based on undue influence and lack of capacity.

How Do Courts Decide?

Under Section 52 of Wills, Estates and Succession Act (WESA), if someone who holds a position of trust or authority over the will-maker, such as a caregiver, spouse, advisor, or even a parent, ends up benefiting from a will or a property transfer, the burden shifts to them to prove that there was no undue influence.

This legal rule is designed to protect vulnerable individuals. It also makes it easier for someone to challenge a will when a caregiver or close companion receives an unexpected or disproportionate share of the estate.

In Stevens v. Esak, the court stressed the importance of several key factors when deciding whether that burden had been met. These included:

• Whether the will-maker had the opportunity to receive independent legal advice;
• Whether they were able to resist pressure or influence; and
• Whether they fully understood and appreciated what they were doing when they made the gift or changed the will.

If those elements aren’t clearly demonstrated, the court may presume that undue influence played a role and potentially overturn the will or property transfer as a result.

What This Means for You

If you are concerned about fairness in a will, whether for yourself or a loved one, it is important to know your legal rights. If someone you care about was pressured into making or changing a will or gifting property, you may be able to challenge that in court.

If you suspect undue influence, please contact our team for a consultation.