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B.C. decision offers clarification of Saputo test, how it applies to presumptions on undue influence

Thursday, June 21, 2018 @ 11:21 AM | By Ian Burns

The B.C. Court of Appeal has ruled a lower court judge incorrectly weighed evidence in making a determination on whether a complaint in an estate case was a triable issue, saying proving undue influence in the making of a will is difficult and can be established through circumstantial evidence.

The case in Kerfoot v. Richter 2018 BCCA 238, deals with the estate of Bernice Richter, who passed away in May 2016 at the age of 97. She left three adult children: the appellant Mary Anne Richter...