Testamentary undue influence: Hope over experience

John Poyser | Trusts and Estates Law & Tax Journal | October 2018 #200
John Poyser pinpoints the warning signs for testamentary undue influence, with lessons from a recent Canadian case ‘If the will-maker feels compelled to leave their wealth to a different collection of people, whether by overpowering fear or overpowering hope, then the resulting will is void.’ A recent Canadian case highlights some fresh perspectives on testamentary …

Continue reading "Testamentary undue influence: Hope over experience"

This post is only available to members.

Wills: Crossing a line

Brendan Cotter | Trusts and Estates Law & Tax Journal | January/February 2017 #183
Brendan Cotter considers how likely a claim against a testamentary predator is to succeed ‘The classic sign of undue influence is the main beneficiary being active in the preparation of a will in which they take a substantial benefit.’As Hilaire Belloc wrote in Dedicatory Ode 1910: ‘The question’s very much too wide, and much too …

Continue reading "Wills: Crossing a line"

This post is only available to members.