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№ 22 Wills & Estates

Undue Influence and Wills: Proving It in British Columbia

Find out how undue influence over a will is challenged in British Columbia, who must prove what once dependence is shown, and what evidence helps.

Wills & Estates4 min readTSLBy the Treadstone Law Team · British ColumbiaUpdated November 13, 2026
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Key takeaways
  • If you show that another person was in a position where dependence or domination of the will-maker was possible, the burden shifts to the person defending the will or gift.
  • Undue influence is only one ground for challenging a will; capacity and the signing formalities are others.
  • A notice of dispute can pause probate while you gather evidence.

You may suspect that a caregiver, a relative or a new friend pressured someone into changing a will. Proving that is hard, because the pressure usually happened in private and the will-maker can no longer explain.

British Columbia has a rule that can help the person raising the concern. This article explains who has to prove what, what kind of evidence helps, and what to do while you decide on next steps.

This article covers the law of British Columbia.

What undue influence means

In plain words, undue influence means that a will or gift reflects someone else's pressure or control rather than the will-maker's own free choice. Ordinary persuasion, affection or help with daily life is not necessarily improper. The question is whether the will-maker's own wishes were overborne.

Who has to prove what

Under section 52 of the Wills, Estates and Succession Act (WESA), the person claiming undue influence starts by showing that another person was in a position where the potential for dependence or domination of the will-maker was present. If that is shown, the party defending the will or gift then has the onus of proving that no undue influence was exercised.

This is why relationships matter. A caregiver, a person who managed the will-maker's finances, or someone the will-maker relied on heavily for daily needs may fit the type of position the rule describes. Whether a specific relationship meets the rule depends on the facts.

Evidence that can help

Write down names of people who saw the relationship firsthand, and keep any messages, emails or notes safe.

Related grounds and what the court may do

Undue influence is often raised alongside other concerns. A person must be 16 or older and mentally capable to make a will. A will must also meet the signing and witnessing formalities, though the court may order that a record or document is fully effective as a will even if it does not comply with the Act.

If you are a spouse or child, a wills variation claim is a separate route. It asks the court to order adequate provision, and it must be started within 180 days from the date the representation grant is issued in British Columbia.

What to do next

Frequently asked questions

Do I have to prove undue influence from scratch?

Not entirely. You must first show that another person was in a position where the potential for dependence or domination of the will-maker was present. If you do, the person defending the will or gift must prove that no undue influence was exercised.

Does a caregiver always count as being in that position?

No. Whether a caregiver or relative was in such a position depends on the facts of the relationship. A lawyer can assess how your evidence fits the rule in section 52.

Can I stop probate while I gather evidence?

A notice of dispute can pause the grant. While it is in effect, the registrar must not issue an estate grant. It lasts one year unless the court renews it, or it ends earlier in the situations the rules describe.

Is undue influence the same as lack of capacity?

No. Capacity is about whether the person was mentally capable of making a will. Undue influence is about whether pressure from another person affected the will or gift. A challenge may raise both.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. British Columbia laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a lawyer who practises in British Columbia. Reach us at 1-844-900-1070 or send our Team a message.

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