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[Beginning of Swadden-Company-UndueInfluence-June1 audio]
[GRAPHIC: Swadden & Company, Barristers & Solicitors, (604) 687-2277, www.swadden.com, 1401-808
Nelson Street, Vancouver, BC V6Z 2H2, Canada.]
Richard Swadden: There is a significant change in the Wills, Estates and Succession Act concerning
undue influence allegations or tax on the validity of a will. The law used to be that
even if the circumstances were such that the person benefitting from the new will made
late in life could have exercised dominance, was in a position to exercise dominance over
the will maker.
[GRAPHIC: Richard Swadden, Founder & Managing Partner]
The will was nevertheless presumed to be valid and the onus was on those seeking to attack
its validity positively to show that undue influence was exercised. That has now been
completely reversed. There is now a presumption where the person benefitting from the changed
will has been in a position of dominance, for example a caregiver, there is now a presumption
of undue influence and it's that person's onus now to disprove undue influence.
Nelson Street, Vancouver, BC V6Z 2H2, Canada.]
[End of Audio]