«The rebuttable presumption of undue influence arises only in the context of inter vivos transactions that take place during the grantor's lifetime,» wrote Chief Justice George Strathy and justices Lois Roberts and David Paciocco for the court. (canadianlawyermag.com)
(Gift of land; presumption of undue influence; whether rebutted by donor's confession that not placed under any pressure; whether third party transferee of land had constructive notice). (windsorchambers.com)
Under normal circumstances independent legal advice, if properly given should be sufficient to rebut any presumption of undue influence, but that was not the case in Cowper - Smith v Morgan 2016 BCCA 200 where the Court of Appeal upheld the trial judge in finding inter alia, that the independent legal advice provided was inadequate to rebut the presumption of undue influence. (disinherited.com)