Will Dispute Case Update – Undue Influence

30 November, 2012
by: Cripps Pemberton Greenish

A Will that is entered into as a result of undue influence being exerted upon the testator, this being the person who is making the Will, is an invalid Will and will be set aside by the Court.

In such Will disputes cases, however, it is often very difficult to prove undue influence. For this reason, the case of C v D (2012) WL4888785 is of interestt.

In this case, someone was contesting a Will on grounds including undue influence. The Court was asked to consider whether the fact that the person alleged to have procured the signature of the disputed Will had been guilty of offence could be adduced as evidence of that person propensity for dishonesty.

The Court held however that the offence in question was not one where “dishonesty”  was an ingredient and therefore the fact that they had been convicted of the offence could not of itself infer that the person was dishonest.

Please see our website for more information