Challenging a Will – Undue Influence and Duress

August 18, 2016 by admin · Leave a Comment 

A court may find that a Will is invalid if the deceased was unduly influenced or acted under duress to draft their Will in a certain way.

Undue Influence

People may manipulate others that are vulnerable or dependent on others – often the elderly or the ill. Undue influence occurs when a Will maker (testator) is put under pressure by the conduct of another person.

Most cases involve a family member, friend or trusted acquaintance who has exercised influence with the intention of forcing a gift in the testator’s Will that is contrary to the true wishes of the testator.

Duress

Duress is similar to undue influence, but usually involves harassment or threats of physical force, damage to property or refusal to perform some act in order to make the testator draft their Will in a certain way.

How can we help?

If you would like to challenge a Will that you suspect has been made as a result of undue influence or duress please contact our office. We can discuss these areas of law in greater detail with you and talk you through the process of challenging a Will.

 

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