Our firm’s October 2023 Solicitor’s Tip outlines some strategies for addressing the risk of undue influence during remote meetings and document signings.  It cites the British Columbia Law Institute’s Undue Influence Recognition and Prevention Guide for Legal Practitioners (the “Guide”), an important resource with which members of our firm are familiar.

Ian Hull and I were honoured to assist in the review and consultation process as updates were made to the Guide last year.  A copy of the updated Guide released earlier this year is available here, and the associated Reference Aid (which includes a suggested checklist) is available here.  More recently, the BCLI released a video supplement to the Guide, reviewing why lawyers may wish to familiarize themselves with these resources, is available here.

Regardless of practice area, in the context of our aging population, being familiar with red flags relating to diminished mental capacity and vulnerability to undue influence and steps that can be taken to assist in probing for, and limiting the risk of, undue influence is increasingly important.  For estate planners in particular, having a standard process incorporating reference to a checklist like that included in the BCLI Guide’s Reference Aid can make a meaningful difference.  In the event of a will challenge after an estate planning client’s death, a lawyer’s notes and recollection as to steps that they took (or didn’t take) to probe for undue influence can become key evidence.

Thank you for reading,

Nick Esterbauer