Undue Influence – When Influence Goes Too Far

Disputed Wills are, sadly, becoming an increasingly common fact of life. Beneficiaries who may be disappointed with what they receive under someone's Will, or who believe a Will doesn't reflect someone's true wishes, are frequently asserting their ability to challenge Wills, on grounds ranging from lack of knowledge and understanding, to fraud and undue influence.

Undue influence is a particularly tricky area, as it sets out the boundary between what is an acceptable level of influence over the wishes of others, and what is an unacceptable level of such influence.

The Law Commission has proposed various reforms to the law on undue influence, and their potential impact will not be discussed here. Pending the introduction of such reforms, the law on undue influence in the context of Wills is as follows.