2023년 3월 24일 금요일

What is undue influence that could invalidate a will under English law?

Undue influence, in the context of English law, refers to the use of persuasion or pressure to coerce someone into making a will or altering their existing will in a way that is not in line with their true wishes. If a will was made under undue influence, it may be considered invalid by the court. Undue influence can take many forms, such as persuasion by a trusted friend or family member, or emotional manipulation by a caregiver. For example, if a family member exerts psychological pressure on an elderly relative to make a will in their favor, the will may be considered invalid due to undue influence. In order for undue influence to invalidate a will, it must be shown that the person making the will was subjected to pressure or persuasion that caused them to act against their own free will. It must also be shown that the undue influence had a direct and substantial impact on the making of the will, and that the person would not have made the will in the same way if they had not been subjected to undue influence. If undue influence is proven, the court may declare the will to be invalid, and the person's property may be distributed according to the laws of intestacy. The court may also consider other factors, such as the person's age and mental capacity, to determine whether the will is valid or not.

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