The Effect of Undue Influence
When people are making a Will, they can come under pressure from friends and family members who want to be beneficiaries.
The pressure can be highly coercive, involving threats, confinement, or physical violence, or mildly coercive, such as constant harassment.
This is known as ‘undue influence’.
Exerting undue influence over a testator (the Will-maker) during the making or updating of a Will renders it invalid.
To prove undue influence, you may need to provide the following:
- The testator distributed their assets in an unexpected way.
- The testator was dependent on or trusted the person accused of undue influence.
- The testator was vulnerable to undue influence as a result of age or health conditions.
- The person accused of undue influence benefitted from the influence.
- There was some kind of coercion used.
If you think a loved one was unduly influenced into making or updating a Will, get in touch with our Wills and estates solicitors for advice.
Your Wills and Estates Law Team
Partner | Principal Solicitor
Penny is a leading family law solicitor admitted in the Supreme Court of Victoria.
She has a broad range of expertise across multiple practice areas like family law, Wills and estate planning, and personal injuries, and holds a Masters of Wills and Estates Law.
Nick is a senior personal injury and estate law solicitor who has practised in both Victoria and Queensland.
His local and interstate experience covers statutory claims, common law damages, and strategic estate planning.
Nick is fluent in both Greek and Spanish.