What Exactly Is Undue Influence, & How Can It Impact You?

Legally, undue influence arises when one party uses their position or power to overpower another’s free will in making decisions, particularly with important legal documents like wills. This pressure can be subtle or overt, but the law recognises that influence crosses a line when it becomes unfair and undue pressure. This can include a caregiver, close family member, new romantic partner, trusted friend, or professional advisor.

Generally speaking, there are two main types of undue influence recognised by the courts:

Presumed undue influence applies in specific relationships where one party is presumed to have influence over the other, such as a caregiver and a dependent, or a solicitor and a client. In these cases, the burden shifts to the stronger party to prove the will was made freely. 

This requires direct evidence showing that coercion, manipulation, or excessive pressure was exerted to affect decisions.

Such legal standards protect the weaker party, often someone vulnerable due to age, illness, or emotional dependence, against dominating parties who might seek to benefit unfairly.

Understanding how undue influence occurs means looking at the relationship dynamics between the dominant party and the weaker party. Typically, this involves one person holding more power, whether emotional, financial, or physical, over another.

Key ways undue influence plays out include:

• The dominant party repeatedly pressures or coerces the weaker party into making decisions that benefit the former.
• Unfair and undue pressure can be disguised as care, concern, or persuasion, but crosses the line into excessive pressure.
• The innocent party may feel isolated from family, lack access to independent legal advice, or be suffering from a special disadvantage such as illness or cognitive decline.
• In some cases, domestic violence or manipulation forms the backdrop, intensifying the pressure.

Undue influence occurs most often when the stronger party exploits their position to secure a financial or personal benefit, overriding the free will of the other.

It can help to see real-world illustrations of undue influence examples, so you can better recognise the signs if they arise in your own family situation. Here are some examples of undue influence in a will:

• A family member isolated the testator from other relatives and advisors, convincing them to change their will to benefit only that family member. The testator was unduly influenced because they lacked independent advice and social support.
• An elderly person was pressured by a dominant party to sign a will under threat of being cut off financially or emotionally, a clear case of undue pressure and unconscionable conduct.
• A vulnerable person with diminished mental capacity was persuaded to leave their estate to a caregiver, who had a deemed relationship of trust and authority over them.
• In such circumstances, medical records later showed signs of coercion or manipulation, strengthening claims of resumed undue influence.
• A family member with a history of controlling behaviour changed the deceased’s will shortly before death, raising suspicion of undue influence will.

These situations highlight how the law seeks to protect individuals when the balance of power is abused.

In such a case, the court won’t rely on suspicion alone. It focuses on a few key elements:

• The relationship between the contracting parties
• The presence of pressure or imbalance
• Whether the party’s decisions were made freely and with consent
• If the defendant gained a clear advantage
• How long had the influence been established

If the facts point to control, secrecy, or lack of true voluntary choice, the court may step in. And if needed, QLD Probate is here to support you through it, step by step.

It’s hard to shake the feeling that something isn’t right, especially when a will doesn’t reflect what your loved one would normally decide. Whether it’s quiet control or open pressure, undue influence can take many forms.

Here’s how to begin if you're concerned:

• Stay observant – Changes made in private, sudden exclusions, or a reluctance to involve others may signal exploitation.
• Note any dependence – A person who is isolated, grieving, or in poor health may be unable to resist suggestions, even from a child, parent, or someone in a position of trust.
• Seek clarity – If the person lacked support to make an independent will, or was discouraged from getting independent legal advice, this may strengthen the case.
• Talk to someone – You don’t need proof to speak to a lawyer. If a victim was influenced unfairly, it’s worth finding out if legal steps are available.

These situations are delicate, but your instincts matter. We’re here to help you determine the next step with care.

We assist you by:

• Providing thorough legal advice tailored to your unique circumstances.
• Helping gather crucial evidence like medical records, witness statements, and prior wills. 
• Supporting you through negotiations or, if needed, court proceedings.
• Ensuring your rights are protected while working towards a fair resolution.

Our approach recognises that such circumstances can be deeply personal and complex. We prioritise transparent communication and respect for all parties involved.

If you suspect a will has been influenced improperly or need help navigating a difficult estate litigation situation or probate law, reach out to QLD Probate’s expert will dispute lawyers to explore your options.