This seminar is designed to provide attendees with a definition of undue influence and a game plan on how to deal with prospective clients where there are suspicious circumstances giving rise to questions regarding whether the testator is under duress or vulnerable to under influence.  The presenters will review the warning signs lawyers should look out for including the person’s behaviour, personality changes, susceptibility to undue influence or exploitation, or unusual dispositions of property.  Moreover, attendees will deal with scenarios where the potential client’s diminished capacity makes them more vulnerable to being unduly influenced.  They will also be taught to distinguish between suspicious circumstances sufficient to rebut the presumption of knowledge and approval, but not enough to prove undue influence.

Topics include:

• Definition & review of key cases
  • Vanier v Vanier and a new contrary approach in the Man CA – Drewniak v Smith, 2024 MBCA 86 (Man. C.A.);
• Checklist to Identify Undue Influence
• Rogue adult child who takes the elderly parent to lawyer(s) to make new wills & POAs, and interferes with drafting of documents