Challenge to a benefit to a person whose undue influence on the will-maker directed the giving of a benefit to that person.
Wills can be challenged if they are made under the influence of an overbearing relative, friend or advisor. This usually occurs when there is an imbalance of power in the relationship, where the weaker party agrees to the more dominant party’s desires contrary to their wishes. A full examination of all the circumstances under which the will or codicil was made is required.
The exercise of undue influence is a matter of evidence and can not be established by suspicion alone.
Use our free online Assessment Tool to evaluate the strength of any challenge or proposed challenge to a will