This paper focuses on the practical steps that lawyers can take to recognize circumstances in which clients may be unduly influenced. It discusses the distinction between inter vivos and testamentary undue influence. It also reviews the functions of independent legal advice, documenting your file, and factors considered by the court when assessing a lawyer’s evidence when a will or transfer is disputed for undue influence. As well, the paper provides tips for recognizing undue influence, including a list of suggested questions to ask a client, and how to deal with red flags when they arise.

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.