SOURCE: Kushner Law

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March 22, 2016 10:00 ET

Vancouver Law Firm Looks at Indicators of Undue Influence in New Web Post

Vancouver Law Firm Provides an Overview of Some Indicators Courts Look for When Considering Undue Influence

VANCOUVER, BC--(Marketwired - March 22, 2016) - Kushner Law Group, a Vancouver based law firm, has just published an article about the sensitive topic of wills variation and scenarios that a court will examine if a challenge occurs. For more information, go to: http://kushnerlaw.ca/undue-influence-bc-wills-variation-litigation-lawyers-vancouver/

Following the death of a close relative, emotions often run high, especially when there is the potential for a lawsuit regarding the will of the deceased. It is very common for a disappointed family member or friend to question whether the deceased was "unduly influenced" in the making of their will.

Should such a challenge arise, the courts will look for indictors of undue influence. Although the list is not exhaustive, the article examines three of the most common factors:

  1. Imbalance of Power
  2. Suspicious Circumstances
  3. Transfers of Wealth or Authority Before Death

For example, when facing an allegation of undue influence, courts will look to see what the relationship between the parties was like and what the power dynamics were between them. If one party was in a dependent position while the other had the power to dominate them, through actual domination or in more subtle ways, an imbalance of power may be indicative of undue influence.

Likewise the court will assess other indicators such as secret wills, drastic changes, or large transfers of wealth before death. If the court finds undue influence to be a factor, they may choose to vary the will and distribute the estate differently.

If you believe a friend or family member has been unduly influenced, it's important to seek representation from a lawyer knowledgeable in wills and estate planning. The right lawyer will be able to guide you and grant you a better understanding of the law and your rights.

About the Company

The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.

For additional information, please visit http://kushnerlaw.ca/ or call 604-629-0432.

Contact Information

  • Kushner Law Group
    Lars Kushner
    Phone 604-629-0432
    Fax 604-689-4451

    Company website: http://kushnerlaw.ca/
    1008 Beach Ave #105