Undue influence

Undue influence is a ground for challenging the validity of a will or other document in court.

Undue influence is intended to provide protection and a remedy in contract where there has been improper influence over someone who is making financial decisions.  The question of whether undue influence has been exercised can arise in a number of situations such as making gifts, the making of a will, or entering into and signing a contract.

Undue influence often occurs when the person concerned is susceptible to pressure because of illness or emotional state, and is taken advantage of by someone he or she depends on for advice and guidance-for example, an accountant, lawyer or family member.  Undue influence is a ground for challenging the validity of a will or other document in court.

Lindley LJ described undue influence in Allcard v Skinner (1887), as "… some unfair and improper conduct, some coercion from outside, some overreaching, some form of cheating and generally, though not always, some personal advantage gained." 

Undue influence has also been categorised as either actual or presumed.

 

 

 

 

 

 

 

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