Undue influence, duress and suspicious circumstances

Topic preview

1. 01

   Coercion overbears free will

   Say the core rule for when pressure becomes legally fatal in a will dispute.

2. 02

   Challenger proves influence

   Who has to prove undue influence in a will challenge, and what is the practical consequence of that burden?

3. 03

   Pressure versus suspicion

   Give two examples of family or relationship pressure that may be relevant, and explain why they are not enough on their own.

4. 04

   Suspicious circumstances context

   Explain how suspicious circumstances affect the analysis of a will’s validity, and how that differs from proving undue influence.

5. 05

   Evidence of coercion

   List the practical facts you would investigate in a vulnerable testator case to decide whether coercion is arguable.

6. 06

   Assess undue influence claim

   If a disappointed beneficiary says the will is unfair and the main beneficiary helped arrange it, what would you tell them about the strength of an undue influence claim?

7. 1 more building block

   The full topic unlocks with FLK2 Playbook, including the remaining prompts and answer-key marking.