Wills / Trusts Law

Undue Influence (Wills)

Improper pressure exerted on a person making a will, overpowering their free judgment and causing them to make provisions they wouldn't otherwise have made.

A will can be challenged and set aside if it's shown to be the product of undue influence — distinguished from legitimate persuasion, this typically requires showing the influencer had a dominant relationship over the testator and used it to override their genuine free will.

Because family members caring for an elderly or dependent testator are often in a position of influence, courts scrutinise wills benefiting such caregivers with particular care.

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