Frequently Asked Questions

Q: What is undue influence?

For the most part, undue influence may be more applicable to the impaired judgment of the weaker party as opposed to the conduct of the stronger party. As a consequence, influence can sometimes be considered as ‘undue’ even in the absence of pressure, concealment or coercive behaviour. The crux of the issue when looking at undue influence is to see whether the weaker party was prevented from making an independent and informed decision as a consequence of the influence of the stronger party. In some cases, even if the stronger party acts in a well meaning and innocent matter, may still be sometimes considered irrelevant when considering undue influence.

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