WE 9 - Undue Influence

Question 1

What happens if only part of a Will was made as a result of ‘undue influence’?

Answer 1

That part will be invalid. The remainder may be given effect to provided that the omissions do not “upset the whole tenor of what remains”, but the court cannot add or substitute words.

Question 2

What is the definition of ‘undue influence’?

Answer 2

Where a testator is coerced into making a will, or including particular terms, against their judgement and contrary to their true intention. The testator does not genuinely exercise choice but has surrendered to pressures they were not able to withstand.

Question 3

Who has the burden of proof of showing undue influence?

Answer 3

The person making the allegation

Question 4

What will the court need if it is going to consider undue influence?

Answer 4

Evidence