UNDUE INFLUENCE
04/04/2009
Proof that undue influence has undermined testamentary gifts is confined to proving actual undue influence. It is not easy to establish whether a testator has acted of their own free will or not, the burden being on the propounder to show that there has been undue influence. Presumed undue influence also applies to lifetime gifts with the burden of proof being on the donee to rebut that presumption.
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