No Cause of Action Against Alleged "Undue Influencer"
The Supreme Court of British Columbia recently dismissed a claim made by an erstwhile beneficiary against a person alleged to have unduly influenced a testator to remove the beneficiary from the testator’s will.
In Moore v. Piccioni, 2011 BCSC 664 (CanLII), a son alleged that his mother made defamatory statements about him to his grandmother which resulted in the loss of the grandmother’s love and support, and his removal as a beneficiary of her will. The son also alleged that the mother unduly influenced the grandmother, causing her to remove him from her will.
The son brought a claim against his mother for the slander, and for damages as a result of the undue influence. The mother moved to dismiss the claims.
On the issue of slander, the court held that the claim was statute-barred.
On the issue of the claim for damages arising from the alleged undue influence, the court held that there was no cause of action for undue influence.
In so doing, the court did not cite any case law. However, the court noted that the son had also filed a caveat (akin to a Notice of Objection in Ontario), and that a probate action was commenced by the mother to have the will pronounced in solemn form, and the caveat dismissed.
The court held that the probate action was the appropriate action in which to try the issue of undue influence.
Presumably, if the son was successful in the probate action, then the will would be set aside and he would not suffer any damages. If undue influence was not proved, and the will was not set aside, then the son would not be entitled to any damages in any event.
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Paul E. Trudelle - Click here for more information on Paul Trudelle.
