This paper focuses on the doctrine of undue influence. The historical context of undue influence is reviewed, including the courts’ view of the doctrine. As well, the nature and origin of undue influence in both testamentary and inter vivos gift situations are discussed, including the burden and standard of proof, indicators, and evidence of undue influence, as well as suspicious circumstances. The latter part of the paper surveys recent case law in Alberta and across Canada related to undue influence. An undue influence checklist is included as an appendix.

This paper is part of a collection presented at LESA’s Capacity and Influence program held in Edmonton on March 1, 2017 and in Calgary on March 8, 2017.