Hall v Hall
Undue influence in relation to wills means coercion, which overpowers the volition of the testator, and persuasion or appeals to affection are legitimate provided the testator's will is not overborne.
Facts
A testator's will was challenged by relatives, who alleged that it had been made under undue influence exercised by the principal beneficiary, and that the testator had given way to pressure in order to secure peace.
Legal principle
Sir JP Wilde directed the jury on the meaning of undue influence in the context of wills. He said that persuasion is not unlawful, but pressure of whatever character, if so exerted as to overpower the volition without convincing the judgment, is a species of restraint under which no valid will can be made. Importunity or threats, such as the testator has not the courage to resist, moral command asserted and yielded to for the sake of peace and quiet, or of escaping from distress of mind or social discomfort, these, if carried to a degree in which the free play of the testator's judgment, discretion or wishes is overborne, will constitute undue influence, though no force is used or threatened. The burden of proving undue influence lies on the person alleging it.
Related cases on formalities, execution, undue influence and rectification
- Barrett v Bem [2012] EWCA Civ 52, [2012] Ch 573
- Re Bravda [1968] 1 WLR 479
- Re Colling [1972] 1 WLR 1440
- Marley v Rawlings [2014] UKSC 2, [2015] AC 129
- Wingrove v Wingrove (1885) 11 PD 81
- Wood v Smith [1993] Ch 90
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
