Capacity and Undue Influence, Second Edition
By: John E.S. Poyser, B.A., LL.B., T.E.P.
ISBN/ISSN/Product Number: 978-0-7798-8918-1
Product Type: Book
Number of Pages: Approximately 940 pages
Number of Volumes: 1 volume bound
Binding: hardcover
Publication Date: 2019-06-26
Publisher: Carswell
Price: $405.00

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Capacity and Undue Influence, Second Edition deals with the law of capacity, knowledge and approval, intention, and undue influence as those legal principles relate to the voluntary transfer of wealth.

This text deals with the law of capacity, knowledge and approval, intention, and undue influence as those legal principles relate to the voluntary transfer of wealth. The capacity to make a will, the capacity to make beneficiary designations, the capacity to make gifts, and the capacity to settle trusts are examined in this book. Undue influence is looked at both under the equitable doctrine and under the common law. The laws of Canada, excluding Quebec, are covered in this treatise.

New in this edition

This edition contains important changes to the law of testamentary undue influence which has evolved significantly over the last four years. It also includes footnotes pointing to psychiatric studies and literature which aid in understanding expert evidence on the topic.  For planners, it contains new and useful references to practice directions in the US and UK that will fill in gaps in Canadian law.

About the Author

John Poyser is a partner with Tradition Law LLP Estates and Trusts in Winnipeg.  He also has an office and practices in Calgary as the Wealth and Estate Law Group.  In Toronto he practices as a senior litigation lawyer with WEL Partners LLP.

His Manitoba and Alberta practices are limited to estate litigation and estate planning.  His Ontario practice is limited to estate litigation.  In his litigation practice, he challenges and defends transfers of wealth by wills, gifts and trusts.  In his planning practice, he helps clients pass wealth from one generation to the next while minimizing taxes and building structures to improve the lives of beneficiaries.

Nationally, he is past chair of the Wills, Estates and Trusts Section of the Canadian Bar Association (CBA), and a past Deputy Chair of the Society of Estate and Trust Practitioners (STEP).  Internationally, John sat as a member of STEP’s Worldwide Council from 2013 to 2016.  He has also filled various roles at a provincial level, serving as co-chair of the Wills and Estates Section of the Manitoba Bar Association, and chair of the Winnipeg Chapter of STEP.

In addition to Capacity and Undue Influence, John co-authored ten editions of The Taxation of Trusts, a Practitioner’s Guide. He is also a regular contributor of articles, practice notes, and case comments appearing in The Estates, Trusts and Pensions Journal. John is one the Associate Editors of The Estates and Trusts Reports.

As founding Editor of The National Concordance, John created a compendium that assembles and compares succession law across Canada, jointly published on-line by the CBA and WestlawNext Canada, and continues in the role of Managing Editor for that publication.  As a lecturer, he speaks across Canada for law societies and bar associations.

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